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(영문) 의정부지방법원 고양지원 2015.11.05 2015고정1076
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 engaged in the operation of the B-to-pur vehicle.

On May 14, 2015, the Defendant driven the above vehicle on May 23:35, 2015, and led the front road of the Jyang-gu Hodong-gu to the direction of the original road from the Hayang-dong-dong.

At this point, there is a center line of yellow solid lines, so the driver has a duty of care to safely pass along the right side of the center line and prevent accidents in advance.

Nevertheless, the Defendant neglected to drive the vehicle with the center line, and was able to see the part of the victim C (the 43-year-old driver) driver's license, which was mashing in the opposite part, in front of the left side of the private taxi.

After all, the Defendant, by the above occupational negligence, sustained injury to the victim E (the 47-year-old) who was on board the victim C and the individual taxi with approximately three weeks of care, and, at the same time, avoided the damage of the property equivalent to approximately KRW 5,031,00 of the cost of repairing the private taxi, and escaped without any necessary measures, such as making a stop immediately and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Accident site and vehicle photographs;

1. Application of written estimates and written diagnosis to Acts and subordinate statutes;

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, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

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

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

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