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(영문) 인천지방법원 2016.09.30 2016고정1495
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 who is engaged in driving of Cone Star Co., Ltd.

On December 30, 2015, according to the strengthening of Incheon around 21:45, the Defendant continued to turn to the left at a eficial speed depending on the eficial surface of the National Bank in front of the 395-lane from the bank surface of Korea to the eficial surface of the Gun Office.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to safely drive a person engaged in driving service according to the signals.

Nevertheless, the Defendant neglected to turn to the left on the left of the front side of the Defendant’s vehicle due to negligence in contravention of the signal and shocked the front side of the victim D(W, 43 years old) driving in accordance with the straight line in the right direction.

Ultimately, the Defendant, by the above occupational negligence, sustained from the Victim D and the Victim F (V, 44 years old) the victim F, who is the passenger of the victimized vehicle, each of whom requires approximately two weeks medical treatment, and escaped without taking necessary measures, such as immediately stopping the damaged vehicle and checking the damaged vehicle, even if the damaged vehicle is destroyed by the harming the repair cost.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. On-site photographs (the pages 7 through 9 of the investigation records);

1. Application of Acts and subordinate statutes of each written diagnosis;

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 facts constituting an offense, as provided for in the corresponding Act, (a)

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;

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