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(영문) 대전지방법원 2015.01.15 2014고정1940
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a small-scale car B.

The defendant, around September 14:40 on September 14, 2014, along the two-lanes of the two-lane road in front of a photographic village in Seo-gu Daejeon, Seo-gu, Seo-gu, Daejeon, is proceeding at a speed of the non-speed depending on the two-lanes of the water source from the chilling bank.

In order to proceed as an opposite lane, the line has been changed to a one-lane and changed to a one-lane.

Since there is a center line of yellow solid lines, a person engaged in driving service has a duty of care to make a internship at the permissible point of internship.

Nevertheless, the Defendant neglected this and caused the Defendant to drive the Victim C(20 years old) driving in accordance with one-lane in the same direction as the time she was negligent in driving the center line, and operated it rapidly to avoid collision with the Defendant’s driver’s car.

The two-lanes have been exceeded.

Ultimately, due to the above occupational negligence, the Defendant suffered from the victim E (the 16-year old-age), the victim E (the son) who was the son, about 4 weeks old-end therapy, she did not immediately stop the above Obaba while destroying the 2,585,00 won for repair costs to ensure that the 2,585,000 won is damaged, and escape without taking necessary measures, such as providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement of C, E, F, and G;

1. The actual condition of traffic accidents;

1. Each written diagnosis and written estimate of a two-wheeled motor vehicle accident;

1. Application of the Acts and subordinate statutes on accident site photographs and black stuffs video CDs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime committed;

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

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The order of provisional payment;

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