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(영문) 대구지방법원 2014.02.06 2013고정2000
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving vehicle C in sealed cargo vehicles.

On May 21, 2013, the Defendant was driving the above cargo vehicle around 19:00, and subsequently stopped the road by moving it to the opposite bank of the Dongcheon-gu, Daegu-gu, from the agricultural and fishing village to the opposite bank of the Dongcheon-gu.

In such cases, a person engaged in driving service has a duty of care to ensure that he/she has a duty of care to accurately operate the steering gear and steering gear.

Nevertheless, due to the negligence of neglecting the rear side without properly examining the rear side, the part before the left side of the EM5 car of the victim D(the age of 30) which was temporarily suspended for the right-hand side from the eM5 vehicle to the right-hand side of the said cargo vehicle.

The Defendant, by negligence in the course of performing the above duties, sustained injury to the victim, such as salt, tensions, etc. of the chilling that requires treatment for about two weeks, and at the same time, escaped without immediately stopping the said car and taking necessary measures, such as providing relief to the victim, even though it damages the said car to be 769,434 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. The police statement of the defendant;

1. Statement made to D by the police;

1. The actual condition survey report;

1. A medical certificate;

1. Written estimate;

1. Application of each statute on photographs;

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

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. Judgment on the defendant's assertion under Article 334 (1) of the Criminal Procedure Act is 1.

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