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(영문) 대구지방법원 서부지원 2012.09.05 2012고정368

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On December 13, 2011, the Defendant driven a high-priced car around 03:25, and proceeded two lanes in front of the Bendagn-gu, Seogu, Daegu-gu, with a speed of about 40 to 50 km in order to get off active service from the jun-gu, Seogu.

At the time, the signal is installed at night and at the front, so the person engaged in driving service has a duty of care to reduce the speed and to prevent the accident by proceeding well with the other vehicles' attitudes in the signal lights and the front door.

Nevertheless, the Defendant did not discover the E-ro taxi of the victim D (age 49) who was parked in the same direction as the vehicle stop signal at the front line of the same direction due to the negligence of neglecting it while driving the front, and received the rear part of the said taxi as the front part of the said car.

Ultimately, the Defendant, by negligence in the course of business as seen above, destroyed the 348,227 won of the repair cost, and immediately stopped the taxi, and took necessary measures to prevent danger on the road as a driver and ensure smooth communication, but left the site without complying with such measures.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A protocol concerning the examination of partial police officers of the accused;

1. Statement of D police statement;

1. Application of written estimates, photographs at the site of a traffic accident, photographs of the affected vehicle, and statutes to the damaged vehicle photographs;

1. Relevant provisions of the Road Traffic Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the selection of criminal facts;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. On December 13, 201, the summary of the facts charged regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-in Vehicle) is as follows: (a) the Defendant driving a motor vehicle with a high bid around 03:25 on December 13, 201, and then driving the motor vehicle with a high bid at the Seogu Seo-gu Incheon Metropolitan City, a two-lanes of the three-lanes of