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(영문) 춘천지방법원 2015.11.27 2015고정331
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in a SP area.

1. Around 08:55 on May 15, 2015, a driver of the said vehicle led to the intersection of the sea-resistant apartment in front of the sea-resistant apartment, which is located in the 102 Do-dong Do-dong Gyeongcheon-do, bypassing from the right side of the apartment at the port of the apartment.

The driver of all vehicles has a duty of care to live well on the front side and the left side, and to accurately operate the steering and brakes.

Nevertheless, the Defendant neglected to do so and neglected it and received the victim D(32 years of age, South) who was straightened by green signals, with the victim D(32 years of age, South) who was straightened by green signals, the front right-hand part of the vehicle volume, even if, and between them, the upper left-hand part and the Cirr part.

Ultimately, the Defendant caused by the above occupational negligence to the victim a traffic accident requiring medical treatment for about two weeks, and immediately escaped from the scene without taking necessary measures, such as investigating the victim and the damage situations, and providing relief to the injured.

2. If the damaged vehicle damages the property that requires repair costs of an amount equivalent to KRW 736,578, such as the latter exchange of the damaged vehicle, due to a traffic accident, such as the foregoing paragraph (a), the vehicle immediately stopped and escaped from the site without any measures to prevent and eliminate any danger and obstacle to the traffic.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey 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, Article 268 of the Criminal Act, 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 (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

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

1. The order of provisional payment;

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