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(영문) 광주지방법원 2013.05.30 2013고단1509
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 22:00 on March 13, 2013, the Defendant driven a Cchip car and proceeded one way in front of GS25 SPambudio in Seo-gu, Seo-gu, Gwangju, with about 30 km speed from the direction of neighboring park to 874-2 speeded from the direction of neighboring park.

At the time, night and the road is narrow and located in both sides, so in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering direction, brakes, etc. of the vehicle in the person engaged in the driver's duty and by properly examining the right and the right of the vehicle.

Nevertheless, the defendant neglected this and proceeded as it is, while driving on the left-hand side of the victim D(35 years old) driving from the right-hand side of the driver's car running on the right-hand side of the defendant's car, received the front-hand side of the driver's car.

Ultimately, the Defendant suffered injury to the victim, such as “finites and tensions,” which requires approximately two weeks of medical treatment by occupational negligence as above, and at the same time escaped without necessary measures, such as immediately aiding the victim, even if the damaged passenger car was damaged by KRW 1,989,907.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written diagnosis and written estimate;

1. Application of initial action plans, situation reports, actual condition investigation records of traffic accidents, and Acts and subordinate statutes on traffic accidents to traffic accident photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act (the point of not taking measures after the destruction of property) concerning the crime;

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

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant, after the accident, immediately escaped from the vehicle after the accident, and that the defendant has a special reason to escape at the time.

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