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(영문) 의정부지방법원 고양지원 2015.09.04 2015고정717
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 the vehicle B at low price.

On January 24, 2015, the Defendant driven the above vehicle at around 00:40, and moved the intersection to the second freedom from the surface of the road at the intersection of the parallel to the parallel of the second freedom.

Since there is an intersection where traffic is not controlled, the driver has a duty of care to safely drive the vehicle when there is another vehicle already passing through the intersection and prevent the accident in advance.

Nevertheless, the Defendant neglected to drive the vehicle without delay and left it on the right side of the victim C(58 years of age, south) driving at the right side of the direction of the proceeding, and received the part on the right side of the victim C(58 years of age, south) from the right side of the vehicle.

Ultimately, the Defendant, by occupational negligence, committed an injury to the light salt 1,900,000 won for repairing the damaged vehicle, while the Defendant was unable to inflict an injury on the victim for about two weeks of medical treatment, and had damaged the property, then the Defendant immediately stopped the damaged vehicle and escaped without any necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Investigation report on the actual condition of traffic accidents, the register of driver's licenses for motor vehicles, and making an inquiry into the car;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the accident site, damaged vehicle photographs, and black stuff images;

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 concerning the crime;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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