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(영문) 대구지방법원 안동지원 2013.08.08 2013고정141
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of B gallon-II cargo vehicles.

On February 15, 2013, the defendant operated the above cargo vehicle around 08:00, and had the national highways No. 5 in e.g., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e.,

Since there was a vehicle that was driven on the front side at the time, there was a duty of care to ensure the safety distance for those engaged in driving business, and to prevent the accident in advance by safely driving while keeping the front door well.

Nevertheless, the Defendant neglected to do so, and thereby, was driven by the victim C(59 years of age) who was driving along the tea line at the front section of the vehicle, and received the part of the Defendant’s vehicle behind the driver’s vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the Defendant’s acute fluoral fluoral fluoral fluoral fluor’s fluoral fluor’s fluoral fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the actual condition survey report, diagnostic certificate, and written estimate-related Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage and destruction);

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are confessions and reflects the fact, and vehicles are covered by comprehensive insurance, and the victim is KRW 5 million separately.

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