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(영문) 광주지방법원 2016.05.26 2016고단433
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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

Reasons

Punishment of the crime

On January 7, 2016, at around 20:10, the Defendant driven a light height in Gwangju Mine-gu, Gwangju, with BK5 car crossing in front of the national sports center, and proceeded at a speed that would not be able to know by the road that is not divided into two lanes from the direction to the south Jeju apartment.

The Defendant had a duty of care to check whether there is a difference between the former and the latter, and prevent the accident from occurring and proceed in a safe way.

Nevertheless, the Defendant’s lived car of the victim C(35) driving of the victim C(35) driving did not know that the vehicle from the victim’s livers to the right from the left side of the Defendant’s running side and proceeded with the above livers to the right side of the said hivers vehicle by negligence without knowing that the vehicle from the victim’s livers livers lives drive

As a result, the Defendant suffered injury to the said victim and the said victim E (35 years) who was on the said victim’s lurged vehicle due to the foregoing occupational negligence by causing approximately two weeks of medical treatment, and at the same time, the said lurged vehicle was damaged by the repair cost of KRW 1,884,000, and went away without taking necessary measures such as providing relief to the damaged party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of the written estimate statutes;

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 concerning criminal facts (the point of absence of measures after an accident) under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of absence of measures 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. The Defendant’s age, sex, environment, health conditions, circumstances after committing the crime, etc. in the major normal relation, which is seen as being based on the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the following:

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