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(영문) 전주지방법원 군산지원 2015.06.10 2014고단928
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On June 4, 2014, at around 18:25, the Defendant driven a leisure car, which was not mandatory insurance, on the two-lanes of the distance of the company which was newly established in the Gunsan-si Port (except for the line of demarcation).

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant legal provisions concerning criminal facts and the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015) Article 46 (2) 2 and the main sentence of Article 8 (Selection of Fine)

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. On June 4, 2014, at around 18:25, the Defendant: (a) driven a c stresponding car; (b) proceeded along the two-lanes (except for the two-lanes) of the newly established distance in the Gunsan-si Port in order to turn to the left from the edge of the F Hospital to the next hospital.

In such cases, the driver of a motor vehicle has a duty of care to accurately operate the steering system, brakes, and other devices of the motor vehicle, and to ensure that the driver has a duty of care to prevent accidents in advance by safely driving the front traffic situation.

Nevertheless, the defendant is negligent in doing so and is proceeding.

The back part of the E 1 ton cargo vehicle driven by the victim D (year 42) driving in front of the same lane was shocked with the front part of the vehicle driven by the defendant.

In the end, even though the Defendant suffered injury, such as salt, tension, etc. by negligence in the course of business, which requires medical treatment for about two weeks, but did not immediately stop and take measures such as providing relief to the victim, and left the Defendant’s vehicle alone on the road.

2. Determination

A. The crime of escape after the injury under Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes is committed by the driver who committed the crime under Article 268 of the Criminal Act due to the traffic of automobiles, etc.

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