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(영문) 의정부지방법원 2014.07.24 2014고정747
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. The defendant is a person engaged in driving a BMW328 vehicle in violation of the Act on the Aggravated Punishment of Specific Crimes.

On September 20, 2013, the Defendant driven the above vehicle on September 20, 2013, while driving the said vehicle on a one-lane distance from the Industrial Bank of Korea to the tax office located far from the location of the Bank of Korea.

In such cases, a driver of a motor vehicle shall not drive the motor vehicle at a speed or crime prevention, depending on the traffic conditions of the road, the structure and performance of the motor vehicle, and shall not drive the motor vehicle with a duty of care to prevent accidents in advance by safely reporting the traffic situation.

Nevertheless, the defendant neglected to do so and neglected to do so and neglected to do so.

In the same direction, the part of the back of the driver's seat of the driver's seat of the Dona-si cab driven by the victim C(the age of 42) who was stopped on the two-lanes of the same direction was shocked by the front part of the driver's seat.

Although the defendant's negligence caused injury to the victim, such as the impairment of saved saves that require treatment for about three weeks, the victim failed to take measures such as aiding the victim, and escaped as it is.

2. The Defendant is driving in violation of the Road Traffic Act (if the Defendant was involved in an accident).

The damaged vehicle caused physical damage equivalent to 1,304,090 won by shocking the damaged vehicle and escaped without any measure.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Application of Acts and subordinate statutes to the actual traffic accident investigation report, traffic accident occurrence report, and diagnosis certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act (the point of escape after damage and destruction);

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

1. Selection of an alternative fine for punishment;

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