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(영문) 대전지방법원 2013.07.12 2013고정789
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

The defendant is a person who drives B rocketing another car.

On March 1, 2013, the Defendant driven the above vehicle on March 1, 2013, and proceeded to the left turn from the side of the mountain apartment to the third distance from the carbon disease control in front of the house insurance policy located in Seo-gu Daejeon, Seo-gu, Daejeon.

There is a central line, and there is a duty of care to refrain from proceeding in the opposite direction beyond the central line due to a large moving of the vehicle.

Nevertheless, the Defendant neglected this and received the part of the victim C (year 42) who was normally proceeding on the right side by negligence going beyond the median line and going beyond the median line, following the left side of the D car volume driven by the victim C (year 42).

The Defendant, by these occupational negligence, inflicted an injury on the victim C, such as salt panion of the bones of neck, which requires medical treatment for about three weeks, suffered from an injury, such as satisfy in the satisfy which requires two-time treatment of the injured vehicle E (50 years of age), while at the same time, the Defendant attempted to stop immediately and abscond without taking measures such as providing rescue to the injured vehicle E (50 years of age), while damaging the repair cost equivalent to KRW 2,034,611, such as the spread of the damaged vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C and E;

1. The actual survey report on traffic accidents;

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

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 facts constituting an offense;

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. In light of the fact that the sentencing of Article 334(1) of the Criminal Procedure Act does not focus on the degree of injury of victims for the reason of sentencing, the vehicle covered by a comprehensive insurance, and the fact that the defendant voluntarily surrenders to the following day of the accident, it is ordered as the order.

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