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(영문) 대전지방법원 공주지원 2012.09.07 2011고정135
특정범죄가중처벌등에관한법률위반(도주차량)
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

around 17:30 on November 16, 2010, the Defendant operated a business CEF small passenger car, and proceeded two-lanes of two-lanes of two-lanes among the two-lanes of two-lanes from the boundary of the mountainside to the tent.

Since the above place is a hond road, the defendant has a duty of care to safely drive the tea well.

Nevertheless, the Defendant neglected to perform his/her duty and proceeded with the victim D (W, 46 years old)'s EM car driving EM car, which led to the Defendant's side of the driver's seat in front of the driver's seat and the wheels part of the victim's vehicle, and the damaged vehicle's driver's left-hand in contact with the central separation unit, caused the damaged vehicle to suffer injury, such as brain, sugar, etc. for about two weeks of medical treatment, and escaped from the scene without necessary measures as a driver, such as aiding the victim.

Summary of Evidence

1. Legal statement of witness D;

1. Each police statement concerning D;

1. A traffic accident report (1) (2);

1. Response to the request for appraisal, and comprehensive traffic accident analysis reply;

1. Each inquiry reply of this court;

1. Application of written estimates and written diagnosis to 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 Article 268 of the same Act concerning criminal facts and the selection of fines;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (including the fact that the degree of damage to the victim is not serious, the age, character and conduct, environment, etc. of the defendant);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel only left the victim's vehicle from the rear side of the driver's seat to the front side, and the defendant's vehicle does not shock the victim's vehicle, and further, the victim's vehicle is parked.

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