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(영문) 광주지방법원 장흥지원 2013.10.31 2013고단167
특정범죄가중처벌등에관한법률위반(도주차량)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle with a low bid.

On October 15, 2012, at around 03:04, the Defendant followed the front road of the steel-rein steel-rein total in the Jinjin-gun, Gangwon-do, Gangwon-do, Gangwon-do, to the Myeon-dong of the Gun, from the direction of the Gangwon-do Office of Education.

At the time, it is night and where the passage of ordinary pedestrians is frequent. In such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents, such as taking a boom and left door well, accurately manipulating the steering direction and brake system, etc.

Nevertheless, due to the negligence of neglecting this, the Defendant did not discover the victim E (37 years of age) who passed to the right from the left side of the right side of the direction of the proceeding and received the victim as the front part of the Defendant's driving.

Ultimately, even if the Defendant suffered injury to the victim, such as minculization of the left-hand middle executives, which requires treatment for about eight weeks due to such occupational negligence, the Defendant left away without immediately stopping the victim and taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to E, F, G, H, I, J, and K;

1. A traffic accident report;

1. Each appraisal report and results of digital analysis;

1. A written diagnosis of E;

1. Application of Acts and subordinate statutes to photographs, such as each accident photograph, victim's clothes, and CCTV;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime committed;

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. According to Article 334(1) of the Criminal Procedure Act, a fine shall be selected by taking into account the following factors: (a) the Defendant’s reason for sentencing of the provisional payment order is the primary offender who has no criminal history; (b) the time of committing a crime; and (c) the fact that an agreement has been reached with the victim; (d) the degree of injury inflicted on the victim due to the instant accident is not less

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