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(영문) 광주지방법원 2014.02.05 2013고단5417
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of four million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On October 13:40, 2013, the Defendant driven a motor vehicle from Churbed on the right side of the vehicle of the Defendant, and proceeds from the intersection of the private distance without signal from sunrise to sunrise, Gwangju Mine-gu to two areas south and south, and neglected to perform occupational duties of care for safe operation by accurately operating steering devices and brake devices, thereby neglecting the Defendant’s duty of care for safe operation. On the right side of the Ehurb driven by the victim D from the front side of the running side of the vehicle of the Defendant, with the front side of the vehicle of the vehicle of the Defendant, the Defendant got off the front side of the road of the victim F (the 14 years old) who is a pedestrian, and passing through the front side of the road of the Hagu-gu, Gwangju Mine-gu, and caused damages to the victim, such as emergency rescue and treatment of the victim, and the Defendant did not immediately take measures for damage to the victim 2 D, 20 days old, 4 years old, and 5 days old, and the victim 20 days old emergency.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of police suspect regarding D;

1. A written statement;

1. The actual condition survey report;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to photograph image materials;

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

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

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55(1)6 of the Criminal Act for discretionary mitigation (i.e., the fact that there was no criminal history of the defendant, the fact that the defendant agreed with the victims, and the fact that there was negligence on the victim D with regard to the instant traffic accident);

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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