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(영문) 인천지방법원 2016.09.30 2016고정1537
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 a person who is engaged in driving a cuss car in D.

On December 8, 2015, the Defendant driven the above car at around 08:38, and led the F station in Nam-gu Incheon Metropolitan City E to proceed in front of the F station in the front of the road at the Nam-gu Incheon Metropolitan City, Nam-gu, according to one-lanes of the four-lanes from the surface of the shooting distance of the State to the surface of the tin-distance.

At that time, there was a place where a signal, etc. was installed in the front, so the defendant engaged in driving the motor vehicle had a duty of care to prevent the accident in advance by driving the motor vehicle well with the right and the right and the right well and safely.

Nevertheless, while the Defendant neglected this and stopped at the front of the signal waiting, the part of the back part of the Hppp letter car driven by the victim G (V, 42 years old) which was driven by the Defendant was driven in the front of the Defendant vehicle.

Defendant 1 caused injury to the victim by negligence in the course of performing the above duties, such as fluoral salt, tensions, etc., which requires approximately two weeks of medical treatment. Although Defendant 2 destroyed the damaged vehicle to use repair costs of approximately KRW 990,540, the injured vehicle immediately stopped and escaped without taking measures, such as providing relief to the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A written diagnosis and written estimate;

1. Application of the Acts and subordinate statutes on black stuffs;

1. Article 5-3 subparag. 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 (a point where measures are not taken after an accident);

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

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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