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(영문) 대전지방법원 홍성지원 2014.01.21 2013고정345

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

The defendant is a person who is engaged in the operation of the cchopos, cpos, Spos, and fol-faf

At around 07:08 on September 5, 2013, the Defendant was driving the cargo vehicle from the Jinsle-si distance located on the luminous side to the cleaning elementary school to turn to the left.

Since there is an intersection where signal lights are installed, there was a duty of care to see the front side and safely proceed by checking signal signals as a defendant engaged in driving motor vehicles.

Nevertheless, the Defendant neglected this and left-hand turn due to the negligence in the course of duties in violation of the signal and escaped without immediately stopping the above damaged vehicle and without taking necessary measures, such as providing relief to the victim, while receiving the part of the driver's seat of the victim D (the age of 38) drive of the E-Poter, which was proceeding from the Mancheon to the Mancheon-do, from the Mancheon-do. At the same time, the Defendant suffered an injury to the victim, such as the Gyeong-domin, which requires treatment for about two weeks, and at the same time, destroyed the above damaged vehicle to the extent of KRW 4,953,00,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and related photographs;

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 related to the relevant criminal facts, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage and destruction);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

1. Selection of an alternative fine for punishment;

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

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;