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(영문) 창원지방법원 밀양지원 2016.04.14 2015고정110
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant also is a person who is engaged in driving of a cargo vehicle.

On October 6, 2014, the Defendant driven the above cargo vehicle at around 22:16, and entered the intersection of the towing distance at the south of the Cream at the right angle at the right angle of the Cream and changed the course from the two-lane to the right intersection of the Cream at the right angle of the Cream.

At that time, since the place is a place where the traffic of the vehicle is high along the intersection, there was a duty of care to safely drive the vehicle with the movement of the vehicle that reduces the speed prior to entering the intersection and is driving safely.

Nevertheless, the Defendant neglected this and interfered with the course of the victim D(43 ) operating in normal course according to the first lane due to the negligence of changing the course from the second lane to the second lane after entering the right-hand line, and the victim was able to take the part in the left-hand side and get the center divided.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of treatment for about three weeks by occupational negligence as above, and at the same time, the Defendant escaped without taking necessary measures, such as immediately stopping the taxi and the central separation unit, even though the Defendant destroyed to the extent that 2,066,686 won, such as the exchange of the previous panion, central separation repair, etc., and the repair cost of the 2,06,686 won, respectively,

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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 (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after the injury from duty) concerning the crime;

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

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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

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