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(영문) 대구지방법원 상주지원 2013.10.29 2013고정114
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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

Reasons

Punishment of the crime

On May 2, 2013, when the Defendant: (a) was parked B in the direction of the road in the old new hotel located in the direction of the 11:10 on May 2, 2013, the Defendant, while driving the vehicle, was negligent in performing the duty of care to safely drive the vehicle so as not to cause any accident, such as shocking with other vehicles entering the road while accurately operating the front, rear and left, and operating the steering system, and operating the vehicle. (b) The Defendant was negligent in performing the duty of care to safely drive the vehicle in the part of the rear loading of the said vehicle from the direction of the citizen center to the center from the direction of the victim C, who was running the vehicle along the road at the direction of the passenger center at the port of the Malung Middle School.

The Defendant, by its occupational negligence, sustained injury to the victim, such as cerebral cerebral le, which requires a detailed treatment for about three weeks, and at the same time, went away without any measure such as stopping the said vehicle and providing relief to the victim, even though the repair cost of the said vehicle is damaged to the extent that it would be equivalent to KRW 1,033,736.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. A report on investigation (60 pages of investigation records);

1. Each written diagnosis;

1. A vehicle estimate;

1. Application of Acts and subordinate statutes on site photographs;

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 concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than punishment);

1. Selection of an alternative fine for punishment;

1. Discretionary mitigation is not heavier than the fact that the criminal intent of the escape and the failure to take measures is visible, and the degree of damage is not heavier than the victim.

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