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(영문) 전주지방법원 2013.04.17 2012고정1165

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (Non-accidents) (the U.S.) was a person who is engaged in driving of freight vehicles C, and the Defendant driven the above vehicle at around 16:00 on April 16, 2012, while driving the vehicle, driving the vehicle at the front of the entrance of the monthly street in the Geum-gu, Kim Jong-gu, Kim Jong-si, and driving the vehicle at the D (26 years old) driving in the direction of the former bank, driving the vehicle at the direction of the former bank.

In this case, the defendant engaged in driving service has a duty of care to overtake with a safe speed and method while taking due care of the conflict with the vehicle in front.

Nevertheless, the Defendant, by neglecting the negligence, was overtaken the victim’s vehicle beyond the center line, and returned to the vehicle line again, and received the victim’s part above the left side of the passenger vehicle from the right side of the cargo of the Defendant.

The Defendant did not take any measures on the spot while destroying the car in the above car project amounting to KRW 700,000,000 for repair costs due to such occupational negligence.

2. Around 16:00 on April 16, 2012, the Defendant driving a 3 km truck without a vehicle driver’s license from the front side of the pharmacy located in the gold-gu, Kim Jong-si to the front side of the gold-gu, Kim Jong-si.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement made by witnesses D in the second protocol of the trial;

1. Reports on traffic accidents (on the actual condition survey report and evidence and photographs);

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to recording records and estimates;

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act that choose a penalty, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act for the detention of a workhouse;