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(영문) 수원지방법원 성남지원 2013.04.11 2013고정184

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

If a fine is not paid, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

On August 31, 2012, at around 21:40, the Defendant, while driving a Cchip car and driving the Cchip car in the Sungnam-gu, Sungnam-gu, Sungnam-gu, and driving the five-lane road in front, along five-lanes from the public parking lot in the river basin, changed the course into four-lane at the speed of 5km per hour at the speed of 5km per hour.

In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by safely operating the brake system by accurately operating the front and rear left, and by operating the brake system.

Nevertheless, the Defendant neglected this and neglected to change the vehicle line at the front of the Defendant’s vehicle due to the negligence, and followed the right side of the E-car driven by the victim D (the age of 34) who was driving at the front of the Defendant’s vehicle and received the part above the left side of the Defendant’s vehicle.

The Defendant, due to such occupational negligence, sustained injury by fluoral salt, etc. in need of treatment for about seven days, and at the same time, escaped without immediately stopping the f73,676 won of the repair cost and without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Punishment, etc. of Specific Crimes Aggravated Punishment, 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. Judgment on the assertion of Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion, the defendant and his defense counsel did not recognize the defendant's accident because of the error of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the minor accident.

(a) the injured party or the injured party.