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(영문) 창원지방법원 2013.09.10 2013고정800

특정범죄가중처벌등에관한법률위반(도주차량)등

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1. The defendant shall be punished by a fine of three million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is the driver of the B-learning vehicle.

On January 5, 2013, the Defendant driven the above vehicle on January 5, 2013, and driven the eudal ginseng street street from the window in Changwon-si, Changnam-do, to the two-lanes of the eudal square from the eudal of the eudal square.

A driver has a duty of care to prevent accidents by thoroughly giving a prior warning to those engaged in driving service.

Nevertheless, the Defendant neglected to use a mobile phone while driving the mobile phone and did not thoroughly show the time of the front-round, and attempted to see the part of the victim C (V, 50 years old) driving, which was the front-round driver of the Defendant’s vehicle, behind the dice-frequency vehicle of the victim C (V, 50 years old).

As a result, the Defendant, by negligence in the course of performing his duties, caused the victim’s injury to salt ties and tensions, and suffered the victim’s injury to E (n, 24 years of age) who is the passenger of the damaged vehicle for about two weeks, and at the same time, destroyed property equivalent to KRW 198,00 of repair cost, such as exchange of the victim’s vehicle and the exchange of the victim’s vehicle, and escaped without necessary measures such as providing relief.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. A traffic accident report or report;

1. Each written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to photographs such as site;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act (the point of not taking measures after the destruction of property) concerning the crime;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

4. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

6. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.