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(영문) 의정부지방법원 고양지원 2014.09.05 2014고단394
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 a motor vehicle with a low bid.

On December 9, 2013, the Defendant driven the above car on December 14:40, 2013, and led to the right of way bypassing the two-lanes of the two-lane road in front of the 1 complex of the Hansan-gu, Seosan-gu, Busan-gu, Busan-do, in order to make the two-lanes of the two-lanes from the center to the mountain basin.

At the same time, the front line had a duty of care to stop on the crosswalk stop line according to the new subparagraph, because the traffic signal of the intersection was red and the pedestrian walking of the crosswalk was green.

Nevertheless, the defendant neglected this and failed to stop at the crosswalk stop line and failed to follow the signal as it is, by the negligence of bypassing the right from the left side of the moving direction of the defendant, followed the right side of the victim E(the age of 34) drive, which is proceeding on the right side, and brought the gate into the front side of the driver's car.

As a result, the Defendant, by such occupational negligence, suffered from the victim’s bones dynasium, etc. requiring medical treatment for about two weeks, and, at the same time, avoided repair costs of KRW 804,947, such as the exchange of fences, and escaped without immediately stopping the vehicle and taking necessary measures, such as aiding the victim, even though the repair costs, such as the exchange of fences, were damaged.

Summary of Evidence

1. Legal statement of witness E;

1. The actual condition survey report, diagnosis report, and quotation;

1. Application of Acts and subordinate statutes to photographs by photographing an accident-related photograph or images of a damaged vehicle;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act (the principle of causing damage to property by negligence);

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. Judgment on the defendant's assertion under Article 334 (1) of the Criminal Procedure Act is 1.

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