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(영문) 수원지방법원 2010.10.07 2009고정3381

특정범죄가중처벌등에관한법률위반(도주차량) 등

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is engaged in driving a B-D car.

On October 17:20 on October 17:20, 2008, the Defendant driven the said car without obtaining a driver’s license from the driving distance in front of the Han-dong Han-ri Apartment Apartment, Hansung-dong, and did not properly look at the front side and the right and the right of the said car from the construction site of the Daeg apartment at Osan-si to the port of Osan-si, and received the part of the right side and the rear side of the C-learning car, which left the right side of the Defendant’s driving direction and left side of the said car.

Therefore, the Defendant, who driven the flive passenger car, suffered brain ties that require approximately two weeks of medical treatment to the victim D (n, 35 years of age), and, at the same time, escaped without taking measures, such as stopping the said car, even though the victim E was accompanied by the repair cost of KRW 616,719, which is the victim E, to ensure that the repair cost would be KRW 616,719.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused (including a cross-examination);

1. Statement of D police statement;

1. A written diagnosis and written estimate;

1. The driver's license ledger;

1. A traffic accident report;

1. On-site and vehicle photographs;

1. Application of statutes on reports on occurrence;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes between a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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