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(영문) 대구지방법원 2012.11.07 2012고정342

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On October 28, 2011, the Defendant driven a amburged car as C on October 23:15, 201, and proceeded two-lanes on the road in front of the Yellow-gu Yellow-gu, Daegu Geumdong with four-lanes in front of the Yellow-gu, Yellow-do.

At the same time, since it was night and non-slured, a person engaged in the driving of motor vehicles had a duty of care to prevent accidents by accurately manipulating the front side and the left side and the right side and safely operating the steering and brake system.

Nevertheless, the Defendant, by negligence not proceeding accurately along the lane, went through three-lanes of the victim D(43 years old) driving along the same direction, followed by the left side of the rocketing taxi, and received the part as fences before the right side of the Defendant’s car.

At the same time, the Defendant, by negligence in the course of performing such duties, sustained bodily injury, such as catum salt, etc., in need of treatment for about three weeks, and at the same time escaped without immediately stopping the said taxi owned by the victim F, even though it was damaged to bring about considerable amount of KRW 426,360, and without taking measures, such as providing relief to the victim.

Summary of Evidence

1. D's legal statement;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement made to D by the police;

1. A traffic accident occurrence report;

1. On-site map of a traffic accident;

1. The actual condition survey report;

1. A copy of a medical certificate;

1. Certificates of hospitalization;

1. A copy of a written estimate;

1. Application of Acts and subordinate statutes governing traffic accident photographs;

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 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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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 provides that a provisional payment order shall be issued.