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(영문) 대구지방법원 서부지원 2016.06.08 2016고정318
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 4,500,000.

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 Bchip car.

On January 22, 2016, the Defendant driven the above car at around 08:28, and moved to the right bypassing the two-lanes of the four-lanes in front of the four-lane radius in the presidential valley in the Daegu-gu Seogdong, Seogu, Daegu-gu, along with one-lanes.

In such cases, the driver has a duty of care to prevent accidents in advance by safelypassing the steering gear, such as taking into account the traffic situation of the front and right and right and right and right and right and right and the operation of the steering gear accurately.

Nevertheless, the Defendant neglected this and took part in front of the right side of the Defendant’s vehicle, which was driven by the Defendant’s negligence of bypassing from the first lane of the two-lane road, to the right side of the victim C(W, 44 years old) driving.

As a result, the Defendant, by such occupational negligence, sustained injury to the victim, such as salt panions, which requires two weeks of medical treatment, and at the same time, escaped without any measure such as aiding and abetting the victim, even though the Defendant destroyed and damaged the said Rad's car to cover KRW 334,662 in repairing costs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. A written diagnosis and written estimate for maintenance;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles and accident scene, photo of harming vehicles, and black stuffs image photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 54 (1) of the Road Traffic Sheet, and Article 54 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (a 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. 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;

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

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