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(영문) 부산지방법원 2013.12.19 2013고정5156

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

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

Reasons

Punishment of the crime

On June 29, 2013, the defendant driving a DM car volume around 21:50 on June 29, 2013, and driving the front road of the DMP in Busan Dong-dong, Busan in the direction of Busan in the direction of the intersection.

A stop has started on the fourth-lane.

In this case, there was a duty of care to prevent accidents by starting safely with a safe look at the traffic situation before and after.

Nevertheless, due to the occupational negligence of the defendant's vehicle's failure, the victim E (e.g., aged 31) who makes a right-hand turn back from the right-hand side of the motor vehicle was shocked before the right-hand side of the Maz vehicle operated by the victim E (e.g., age

The Defendant: (a) caused the injury to the victim E in light of the need for a medical treatment for about two weeks; (b) suffered the injury to the victim G (V, 31 years of age) on the top of the steering force of the damaged vehicle for about two weeks; (c) at the same time, the Defendant destroyed the damaged vehicle’s property equivalent to KRW 309,690, such as the exchange of the front door of the damaged vehicle with an even number of parts on the right side; and (d) escaped without taking necessary measures, such as immediately stopping the damaged vehicle, and providing relief to the victim.

Summary of Evidence

1. Each police statement of E and H;

1. G traffic accident statement;

1. A traffic accident report and a survey report (CCTV verification);

1. A photograph of the vehicle and on-site photograph;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

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 by applicable law;

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;