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(영문) 전주지방법원 군산지원 2014.08.28 2014고정268
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Hegel car.

At around 20:40 on January 12, 201, the Defendant operated the said car without a mandatory insurance policy, and led to the left-hand turn to the left-hand turn on the roads near the third distance of the school in the school in the school in Songsan-si, Busan-si.

At the time, the defendant found that the Dakn Law motor vehicle driven by the injured party C (the age of 45) is in progress. In such a case, the person engaged in the driving of the motor vehicle has a duty of care to prevent accidents by accurately manipulating the operation of the motor vehicle and operating the steering gear and the brake system.

Nevertheless, the defendant neglected this and received the front part of the victim's car in front of the above Hegel's car by negligence to turn left as it is.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately three weeks of medical treatment, and at the same time, avoided repair costs of KRW 8,787,823, such as replacement and maintenance of the preceding panions, and escaped without any necessary measures such as extinguishing the victim by stopping the vehicle immediately.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Registers of driver's licenses;

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 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Where there exists a selective selection of punishment, each fine;

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

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

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