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(영문) 창원지방법원 통영지원 2014.02.13 2013고정337
특정범죄가중처벌등에관한법률위반(도주차량)
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 9, 2013, at around 20:30, the Defendant driven a sealed and fixed freight vehicle, and had the Defendant drive a one-lane road in front of the Ssung Shipping, which is located at the lower west of the city, at the lower west of the city, at the front west of the city.

At the time, it was difficult to view the accident at night, and there was a one-lane road in which the width is narrow, so the driver of the motor vehicle has a duty of care to prevent the accident by reducing the speed in advance and driving the motor vehicle safely by safely examining the front and rear left well.

Nevertheless, the Defendant neglected to drive the cargo vehicle as it is, due to negligence, caused the victim D's right shoulder part of the victim D, which walked to the right side of the above cargo vehicle, from the front side of the road at the front side of the road at the time of the stop, along with the flow direction of the above cargo vehicle, to be a white part on the right side of the above cargo vehicle, and got the victim to suffer a salt and tension of the right shoulder that requires treatment for about two weeks, and escaped without immediately stopping and taking necessary measures.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement of each police statement regarding D;

1. Statement of traffic accident-related person;

1. Report on the occurrence of a traffic accident involving personal escape, report on a traffic accident (1) (2) and report on internal investigation (specific to the person under suspicion);

1. Commissioning for appraisal;

1. Course map;

1. Application of each statute on photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the relevant criminal facts and the selection of punishment;

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

1. As to the argument of Article 334(1) of the Criminal Procedure Act, the defendant and his defense counsel asserted that there was no criminal intent to escape because the defendant failed to recognize the fact at the time of the accident.

The following circumstances revealed by each of the evidence mentioned above, namely, the victim at the time, is at the right direction of the Defendant’s vehicle.

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