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(영문) 대전지방법원 2014.11.20 2014고정1675
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a cargo vehicle of one ton as his duties.

On July 11, 2014, around 18:55, the Defendant driven the above vehicle as a job on the road in the middle-gu Busan Metropolitan City, Jungsung-ro, 282, and attempted to go straight from the Seo-gu, Seo-gu to the 3rd-do level.

On the right side of the vehicle at the time, C4.5 tons of cargo driver D (the 44 years of age) opened the front door of the vehicle and turns off the object within it, so the vehicle passed through this place has a duty of care to identify the right side of the road and to check and proceed with the safety of the course.

이런 주의의무가 있음에도 피고인은 막연히 진행하다가 피의차량 우측 보조거울 기둥으로 피해차량 조수석 문짝을 충격하여 이 충격으로 문이 닫히면서 피해자의 우측 종아리를 찧게 하였다.

As a result, the victim D suffered from the injury of the "satisfyal and inspection team" requiring two weeks of medical treatment, and at the same time, when the damaged vehicle was damaged by 430,129 won, it is necessary to actively take necessary measures, such as confirmation of the occurrence of the casualties and relief measures, despite the fact that the damaged vehicle was damaged by 430,129 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes governing the actual condition of traffic accidents, a written diagnosis, written estimates, and vehicle photographs;

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;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant does not have the same criminal record, confession and reflect in depth.

In addition, the degree of injury of the victim is not much serious.

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