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(영문) 수원지방법원 안양지원 2014.11.07 2014고단558
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On December 17, 2013, at around 00:50 on December 17, 2013, the Defendant driven a Crane car which is not covered by mandatory insurance, and driven a two-lane of the three-lane in speed between the original direction of the Cheongdo-Yon-Yon-Son-Son-Son-ro in order to drive the two-lanes at a speed of about 80km.

In such a case, although the driver of a motor vehicle has a duty of care to see the front side and accurately operate the steering gear and the brake system, the defendant neglected to do so and thereby, the defendant, while driving the same lane by negligence, got the back part of the E-owned FSP motor vehicle driven by the victim D (Nam and 3 years old) who driven the same lane, and suffered an injury to the victim, such as chills and tensions that require approximately two weeks medical treatment, and at the same time, escaped without taking necessary measures to damage the above SP motor vehicle's repair cost of KRW 4,568,986.

Summary of Evidence

1. Defendant’s legal statement to the effect that the vehicle has caused a traffic accident as indicated in the holding by driving the vehicle with no mandatory insurance at the time and at the place of the holding;

1. Statement made to D by the police;

1. A traffic accident report (1) (2);

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes on mandatory insurance;

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, Article 151 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;

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

1. Each selective fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act does not have any record of crime during the last five years, and is punished by a fine.

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