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(영문) 의정부지방법원 2013.04.25 2013고정950

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Criminal facts

The Defendant is the driver of the Poter, Spos, Spos, and to cut down the Posto.

On December 1, 2012, around 22:45, the Defendant driven the above cargo vehicles on the front road of the Chuncheon city located in 438, Dong-dong 436 located in Seoyang-si, Namyang-si, and led the road of the third-lane 3 lanes from the surface of the water at the speed of gold to the speed of the speed of the speed of the speed of the speed of the string.

A driver has a duty of care to safely drive his/her motor vehicle according to road traffic conditions and the structure and performance of his/her motor vehicle by accurately operating the steering gear, brakes, and other devices of his/her motor vehicle.

Nevertheless, the Defendant neglected to do so and neglected to do so, and instead neglected to do so, received the part concerning the front part of the passenger vehicle in front of the victim’s DaM520, which was sent to the next direction of the same direction.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt and tensions that require approximately two weeks of medical treatment, and at the same time, destroyed damaged vehicles to have an amount equivalent to KRW 1,793,374 of repair cost, and escaped without necessary measures, such as providing relief to the victim, even though it immediately stops at the site.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer in C (Simplified traffic);

1. The actual condition of traffic accidents;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to photographs of accident site, photographs of skins, and photographs of damaged vehicles;

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 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;