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(영문) 광주지방법원 2016.03.17 2016고정230
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BD car.

On June 12, 2015, the Defendant driving the above vehicle around 19:00, and driving the D gas station located in Gwangju Seo-gu in Gwangju Seo-gu along the two-lanes of the five-lane (including the two-lanes of diskettes) in the direction of the flow distance from the rectangular distance.

In such cases, the driver of a motor vehicle has a duty of care to accurately operate the steering system, brakes, and other devices of the motor vehicle, and to prevent accidents in advance by safely driving the motor vehicle in front of the traffic situation.

Nevertheless, the Defendant neglected to do so and negligently got the back part of the FSP car driven by the victim E (V, 46 years old) prior to the front day by negligence, and received the back part of the FSP car in front of the Defendant driving vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately two weeks of medical treatment, and at the same time, destroyed the above SP car to cover KRW 858,240, and escaped without immediately stopping the car and taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes governing traffic accidents, traffic accident reports, investigation reports (suspects specified), diagnosis certificates, estimates, and photographs;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

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

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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