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(영문) 대구지방법원 김천지원 2013.09.06 2013고정409

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a ice car.

1. On February 12, 2013, at around 23:30, the Defendant driven a fluoral fluoral road in the flusing flusium, which is in front of the instant car, and continued to proceed to the right bypass from the flusium of the 2-dong U.S. U.S. Do and the flusium.

In this case, the defendant engaged in the vehicle driving duty has a duty of care to reduce the speed in advance before the right-hand, to live well, and to safely make a right-hand.

Nevertheless, the Defendant neglected this and got involved in the part of the victim C (the 25-year-old driver's license) driver's driving, which was located in the three straight lanes in the same room by the negligence of bypassing the two straight lanes, the two straight lanes, and the part of the driver's license in front of the left side of the motor vehicle of the victim C (the 25-year-old driver's license) and the part of the driver's license.

The Defendant, by negligence in the course of performing such duties, sustained injuries such as scopical salt bars, etc., which require treatment of the victim for about two weeks, and at the same time, escaped without any necessary measures, such as stopping the said car and providing relief to the victim, even though it damages the 1,047,328 won of the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report and a traffic accident report;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;