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(영문) 대전지방법원 홍성지원 2013.07.09 2013고정175
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C observer car.

Around 00:20 on January 8, 2013, the Defendant operated the said car prior to the Tobacco and Ginseng Corporation located in the Jeju-do Budget-Eup of the budget-Si, Chungcheongnam-do, and continued to proceed from the border of the budget to the reverse post office on the side of the budget zone.

At this point, since there is a one-lane road in which the center line of yellow-ray is installed, the defendant engaged in driving motor vehicles has a duty of care to observe and safely proceed with the vehicle line.

Nevertheless, the defendant neglected to do so and caused the defendant to use it on the road to avoid the collision with the above car, E Cat 100 Oata, which was driven by the victim D(the age of 35) who was driving in the opposite direction.

As a result, the Defendant suffered injuries, such as chins, tensions, etc., which require medical treatment for about two weeks, and at the same time, the Defendant escaped without immediately stopping the victim while destroying the amount of the above damage to make it available for repair expenses.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D or F;

1. The police statement concerning G;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. A medical certificate;

1. Application of Acts and subordinate statutes to an investigation report;

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, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after destroying and damaging property);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

1. Selection of an alternative fine for punishment;

1. Discretionary mitigation is directly between the Defendant’s vehicle and the victim’s vehicle under Articles 53 and 55(1)6 of the Criminal Act.

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