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(영문) 대전지방법원 2013.07.26 2013고정773
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 18, 2012, at around 18:15, the Defendant driven a C Poter Cargo, and proceeded with the red-do Intersection from the offshore to the offside of Samsung 111, Samsung Apartment, Daejeon, Daejeon.

In such a case, despite the duty of care to safely drive the vehicle according to the crosssection signal and prevent the accident in advance, even if the signal of the Defendant’s moving direction was changed to the stop signal, the Defendant left-hand part of the E-learning car of the victim D (W, 30 years old) who was left-hand according to the normal signal from the room of the Mad-On the part of the Mad-On the left-hand stop to the normal signal, even if the signal of the Defendant’s moving direction was continued to be changed to the stop signal, and attempted to escape without taking necessary measures, such as providing the victim with the back-hand part of the Mad-off car, which was driven by the Defendant’s driver’s vehicle’s left-hand side of the said cargo, and causing the victim to suffer the injury, such as light salt, etc. requiring approximately 3 weeks medical treatment, and at the same time, the front-hand part of the Mad

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

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 crime;

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 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Article 55 (1) 3 of the Criminal Act);

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant alleged that he/she had no criminal intent to flee, but the following circumstances, i.e., the spread of the victim’s vehicle, which can be comprehensively considered, are likely to fall.

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