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(영문) 서울북부지방법원 2015.11.26 2015고단3399
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around 03:20 on July 19, 2015, the Defendant was negligent in the course of business in which the Defendant was driving at the vicinity of the 000 00 00 00 00 00 00 03 03 20,000 0 0,000 20 00 200 20 200 200 20 200 20 200 20 200 20 200 20 200 20 200 20 200 20 200 20 200 20 20 200 20 200 20 200 20 20 20 200 20 200 20 20 20 20 20 20 200 20 300 20

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the defendant or D;

1. Each police statement of C and E;

1. A medical certificate;

1. The actual condition survey report;

1. Report on the termination of car accident and damage assessment;

1. Application of Acts and subordinate statutes to photographs of accident sites and household-victimed vehicles;

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 crime;

1. Selection of an alternative fine for punishment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of five million won to thirty million won; and

2. Scope of recommendations based on the sentencing criteria: The sentencing criteria shall not apply in excess of the choice of fines; and

3. The degree of violation of the defendant's duty of care due to the traffic accident of this case, damage to the victim due to the accident, degree of damage, etc. are disadvantageous to the defendant.

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