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(영문) 춘천지방법원 2013.03.28 2013고정59

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 CM car.

On October 4, 2012, the Defendant driven the above vehicle on October 17, 2012, and proceeded ahead of the Dong-dong forest apartment zone in Mancheon-si, Mancheon-si, Seocheon-do, with the large forest apartment room in the 3rd apartment zone in Bupyeong-dong.

In such cases, the defendant engaged in driving of the motor vehicle has a duty of care to accurately operate the steering and brake system and to safely proceed by controlling speed in advance.

Nevertheless, the Defendant neglected this and continued to turn to the left at the front of the vehicle, and due to the negligence of finding it late after the E-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as brain-dead, salvine, and salvine, which requires three- weeks medical treatment, and at the same time, even though the said A-to-purd vehicle was damaged by the repair cost of KRW 461,00,00, such as a pan-durger, she immediately stopped the damage caused by immediately stopping, and failed to take measures such as rescue measures for the injured, and removal of traffic risks and obstacles.

Summary of Evidence

1. Legal statement of witness D;

1. The actual survey report on traffic accidents;

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, 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;