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(영문) 대구지방법원 서부지원 2015.07.15 2015고정331
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On October 7, 2013, the Defendant driven a B K5-car without a driver's license of a motor vehicle on October 7, 2013, and got two-lanes in front of the Seosung-dong Entertainment Complex in Daejeon to the direction of the name of the head of the hotel.

At the time, the Defendant is at night and the Defendant tried to make a U-turn in the opposite lane, and in such cases, the person engaged in driving service has the duty of care to safely drive the front and rear left well, and prevent all traffic accidents from occurring.

Nevertheless, the Defendant neglected to do so and did not well look at whether there is a vehicle parked on the opposite lane, and received the part on the left side of the DNA taxi driven by the victim C (V, 47 years old) who was parked on the opposite lane in order to wait for passengers.

Ultimately, even though the Defendant, by negligence in the above business, sustained injury to the victim, such as diversous salt, which requires treatment for about two weeks, it immediately stopped and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police suspect interrogation protocol regarding E;

1. Statement to C by the police;

1. The actual condition survey report;

1. License register;

1. Application of written estimates and written diagnosis to statutes;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Articles 152 and 43 of the Road Traffic Act, and selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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