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(영문) 대전지방법원 2013.07.18 2013고단929

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

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

Reasons

Punishment of the crime

At around 16:55 on February 1, 2013, the Defendant, while driving a vehicle with a high seat of C, and proceeding along three-lanes from the middle-gu Daejeon High School, operated the steering gear accurately and safely, driven the steering gear in advance to prevent accidents while neglecting the duty of care to prevent accidents in advance. On the other hand, the Defendant, while neglecting his duty of care to operate the steering gear and safely drive the steering gear at the right side of the vehicle with the E-ring agreement, which is driven by the victim D (age 42) who was in the traffic order on the two-lanes in the front of the end of the end of the end of the end of the day of the day of the day of the day of the day of the day of the day of the day of the day of the day of the day of the day of the day of the day of the day of the day-to-day.

Although the Defendant caused damage to KRW 3,632,970 due to occupational negligence, the Defendant immediately stopped the damaged vehicle and failed to take necessary measures for the prevention of traffic danger.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. Application of the Acts and subordinate statutes concerning actual condition survey reports, photographs, and estimates;

1. Relevant Articles of the Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime and the selection of punishment. (Consideration of fines: Consideration of agreement with the victim, the first offender, etc.);

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. The summary of the facts charged is as follows: (a) the Defendant, at the time and place indicated in the facts charged in the judgment; (b) the victim shacked a motion car for driving D driving; and (c) suffered from the victim’s salt panion, etc., which requires treatment for about two weeks; and (d) the Defendant, without immediately stopping the vehicle to take measures, such as aiding the victim.

2. Determination

A. The instant traffic accident is a flicker, which is a flicker of the damaged vehicle due to the left-hand edge of the Defendant’s vehicle, and is a minor accident to the degree of shocking the right-hand driving, and the front-hand driving of the Defendant’s vehicle and the victim’s vehicle can be separated from the vehicle.