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(영문) 대전지방법원 2013.03.27 2013고정267
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

On November 8, 2012, 19:45, the Defendant, driving a Doma-dong, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Daejeon, along the intersection B, driven the Doe-ro along the direction from the Gyeongnam apartment to the direction of the Doe-distance.

At the time, it is night and its location was cross-section, so a person engaged in driving of a vehicle has a duty of care to prevent accidents in advance by faithfully driving the front side and side of the vehicle.

Nevertheless, the Defendant, while neglecting his duty on the front side and by failing to enter the intersection, failed to stop immediately and failed to take necessary measures, even though the part on the right part of the victim C's DNA car driving, which was carried on the right side from the left side of the Defendant's running direction, is shocked with the front part of the Defendant's vehicle, thereby causing injury to the victim, such as salt of the bones, which requires two-day medical treatment, and at the same time, destroyed the damaged vehicle so that its repair cost would amount to KRW 620,216.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual survey report on traffic accidents;

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 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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