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(영문) 인천지방법원 2013.06.14 2013고정1689

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

On April 30, 2013, the Defendant was sentenced to a suspended sentence of two years on October 10 to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc., and the judgment became final and conclusive on May 8, 2013.

The Defendant is a person who is engaged in driving of B knife vehicle.

On July 13, 2012, at around 05:08, the Defendant driven the above cargo vehicle and proceeded at a speed of about 50K km from the direction of the Gyang-dong 212, Gyeyang-gu, Incheon, to the direction of the GanIC as the direction of the GanIC.

The defendant had a duty of care to prevent the occurrence of danger on a road by checking the right and the right and the right and the right and accurately manipulating the steering gear, brake system, etc.

Nevertheless, the defendant is driving a stroke.

The victim C (the age of 29) who was stopped in the air above the signal signal, was found to have discovered the damaged vehicle due to the negligence of finding the DNA car driving which was driven by the victim C (the age of 29) late, and received the back of the damaged vehicle entirely.

In the end, the Defendant did not take necessary measures such as destroying property equivalent to KRW 1.5 million of the cost of repairing damaged vehicles, and aiding the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report on traffic accidents, photographs of damaged vehicles, diagnosis certificates, and estimates;

1. Previous convictions: Application of Acts and subordinate statutes of defendant's legal statement;

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, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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;