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(영문) 서울동부지방법원 2013.06.19 2013고정645
특정범죄가중처벌등에관한법률위반(도주차량)
Text

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

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 a D-car.

On September 28, 2012, the Defendant driven the above car at around 22:30 on September 28, 2012, and led to the progress of the front road in front of the king Mando-dong, Seongdong-gu, Seoul to the settlement room at the parking lot.

Since the accident road is a slope of a downhill, as a driver of a passenger vehicle, he/she has a duty of care to safely drive the road by checking it well.

Nevertheless, the Defendant, who was negligent in performing his duty at the front time of the week, was faced with a F car driven by the victim E (E, South and 41 years old) who was settling the parking cost at the front of the car driven by the Defendant due to negligence, and then received the part of the driver to be driven by the Defendant.

Ultimately, the Defendant, by negligence in the above occupational negligence, left away without taking measures such as providing relief to the said victim and the victim G (V, 39 years of age) who was a passenger of the victimized passenger car, even though he suffered from the injury of climatic salt, etc. for about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual condition survey report and field photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime committed;

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

1. Selection of an alternative fine for punishment;

1. Article 53 or 55 (1) 6 of the Criminal Act for discretionary mitigation (the primary and reflective points, the damage has been recovered, the age, character and conduct, environment, etc. of the accused);

1. Articles 70 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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