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(영문) 인천지방법원 2013.05.24 2012고정4898
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 engaging in driving a rocketing car.

On October 9, 2012, the Defendant was driving the above vehicle with the speed of 19:50 on October 19, 2012, and was proceeding at the speed of 129-77, Nam-gu, Incheon, Nam-gu, Incheon, at the entrance distance from the Dowon Station, at the speed of two lanes between three lanes and three lanes from the Dowon Station.

Since there is an intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the right and the right of the motor vehicle, and to conduct it in accordance with the signals.

Nevertheless, due to negligence, the Defendant neglected to do so, got the part behind the Ftoscar taxi owned by the victim D (the 50-year-old 50-year-old E) who was in the front line of the Defendant driving vehicle into the front part of the Defendant driving vehicle, thereby incurring bodily injury, such as climatic salt, which requires approximately two weeks medical treatment, and, at the same time, escaped without taking necessary measures, such as immediately stopping the damaged vehicle so that the repair cost equivalent to KRW 357,340,00, would amount to KRW 357,340.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. The witness D's legal statement, and the witness D's statement in the second protocol of the trial;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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;

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. The defendant and his defense counsel's assertion regarding the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order is insignificant, and thus, the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes is committed.

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