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(영문) 서울남부지방법원 2013.10.08 2013고정2705

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 April 20, 2013, the Defendant: (a) driven a Spain car on the road located in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu 1041-24, 1041-24, and was negligent in performing the duty of front-time watching at the location of the Gu telephone station distance from the 2-lane road on the surface of bank trees located in Geumcheon-gu, Geumcheon-gu, Seoul, to the two-lane road, and was negligent in performing the duty of front-time watching at the location of the two-lane road; (b) discovered a DNA rocketing car driven by the Defendant due to his occupational negligence, which was stopped in front of the road; (c) did not avoid it; and (d) did not go back to the Defendant’s front-hand part of the damaged vehicle; and (d) took a spare sprink that needs to be treated for about two weeks on the left-hand part of the damaged vehicle; and (d) did not stop the damaged vehicle on the spot and take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

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, 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. Article 53 or 55 (1) 6 of the Criminal Act for discretionary mitigation (i.e., the fact that the defendant acknowledges the crime and reflects the depth of the crime, and the extent of damage is relatively insignificant);

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;