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(영문) 수원지방법원 안양지원 2014.07.18 2014고단725
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

On March 23, 2014, the Defendant driven the above car on March 22:15, 2014, and proceeded ahead of the road of the 466th Educwon, as he had been, at the same time, at the speed of the 466th Educwon as he had been in front of the Pungcwon.

At the time of night, there was a duty of care to prevent accidents by accurately manipulating the steering system and steering gear for those engaged in driving business. In such a case, there was a duty of care to prevent accidents.

Nevertheless, the Defendant was negligent in neglecting this and driving at the front line without due care, and received the back portion of the victim D(56 years of age) driving in the same front line as the front part of the Defendant’s Aburged vehicle.

Ultimately, the Defendant suffered injury to the victim, such as light salt in need of approximately three weeks’ medical treatment due to the above occupational negligence, and at the same time, the Defendant escaped without immediately stopping the vehicle and without taking necessary measures, such as providing rescue to the victim, even though it damages the vehicle to the extent that it is about KRW 487,148, such as the back spread exchange, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. The defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order shall be strictly punished in order to conceal drinking while he/she causes a traffic accident, but he/she has subscribed to a comprehensive insurance.

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