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(영문) 전주지방법원 군산지원 2014.07.07 2014고정147

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 10:10 on October 25, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) (hereinafter referred to as the “Act on the Aggravated Punishment, etc. of Specific Crimes”) driven CY 125C 125C Batoba, thereby proceeding in front of the Sinsan-si High-ro 206 Sinsan High-ro Doing Cultural Center (hereinafter referred to as the “Seoul

Since there is a distinction between the vehicular road and the delivery, it should proceed to the vehicular road, and as there is a pedestrian on India, there was a duty of care to safely drive the pedestrian's attitude in order to prevent the accident in advance.

Nevertheless, the driver neglected this and the driver's negligence caused the driver's surface on the right side of the victim D (W, 39 years old) to go beyond India.

Accordingly, even though the victim suffered from the injury of the Multilateral typology and the reflector (the left spons, the left sponsor and the sponsor) that require treatment for about two weeks, the victim immediately stopped and escaped without taking necessary measures, such as providing rescue to the victim.

2. Violation of the Road Traffic Act (Free Driver’s License) driving of the said off-road without a temporary light driver’s license as referred to in paragraph (1) and driving approximately 4 km away from the remote apartment parking lot located in the Elsan movable property zone to the front road of the foreign exchange bank located in the Young-si in Busan Metropolitan City via the above accident site.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 4 and Article 43 of the Road Traffic Act, and selection of fines;

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

1. Articles 70 and 69 of the Criminal Act for the confinement of a workhouse.