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(영문) 수원지방법원 안산지원 2014.07.23 2014고정1067
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

On April 17, 2014, at around 19:15, the Defendant was driving the B Poter Cargo, and was driving ahead of the road 350-day 350-gild to the original lusing luscing luscing luscing luscing from the luscing luscing luscing lusc

At the time, the defendant's cargo vehicle stopped behind the passenger vehicle of the victim C was under the influence of the traffic signal stop, so in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle, such as taking the rear side into account it.

Nevertheless, the defendant neglected this and received the front part of the passenger car driven by the victim due to negligence.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained injury to the victim, such as catum salt in need of treatment for about two weeks, and at the same time escaped without immediately stopping the victim’s car and taking measures, such as aiding the victim, even though the Defendant damaged the victim’s car to have an amount equivalent to KRW 314,858 for repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

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

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting the crime (the point of failing to take measures after destroying and damaging property);

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

1. Selection of an alternative fine for punishment;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order was committed by the defendant, and at the same time, the victim was injured by shocking the vehicle of the victim who is present at the time following the wind behind the signal atmosphere.

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