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(영문) 대구지방법원 경주지원 2016.10.12 2016고정166
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is also a person who is engaged in driving a passenger car.

On April 19, 2016, the defendant, around 07:24, had two lanes along the two-lane roads inside the Yacheon-Eup, Seocheon-si, Seocheon-si, Seocheon-si, to the Yacheon-do along the two-lanes.

Since the place is where there is a straight line in a tunnel, there was a duty of care to prevent accidents in advance by proceeding with a person engaged in driving of a motor vehicle without overtaking.

Nevertheless, the defendant neglected this and thought that he would overtake the cream which was in operation at a low speed from the two-lanes, and due to the negligence of changing the two-lanes to the one-lanes, the part of the victim C(34 years old) driver's vehicle in front of the driver's vehicle of the victim C(34 years old) was in progress at the same one-lanes.

Ultimately, the Defendant, by such occupational negligence, caused the victim to suffer salt, tensions, etc. of the bones of wood, which requires medical treatment for about two weeks, and at the same time, avoided the repair cost, such as exchange of 1,65,156 won, to the extent that the aforementioned repair cost, such as the exchange of 1,65,156 won, and escaped without taking necessary measures, such as stopping, and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a report on the actual condition of the traffic accident, a field survey report, a medical certificate,

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Article 148 of the Road Traffic Act concerning the crime;

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 (1) 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;

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