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(영문) 수원지방법원 2014.08.22 2014고정1735
특정범죄가중처벌등에관한법률위반(도주차량)등
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 drives a marina vehicle B in the course of business.

At around 12:50 on July 2, 2013, the Defendant passed the three-lane in front of the “orromosome”, located in the ambae-Eup, Youngnam-gu, Sungsung-si, into two-lanes from the amblap to the ambris.

At this point, there was a duty of care to prevent accidents by proceeding with a three-distance with a signal apparatus according to the signals.

Nevertheless, the Defendant, by negligence in contravention of the signal, failed to stop immediately and escaped without taking measures such as providing relief to the victim, even though the part of the front part of the Drat vehicle driven by the victim C (the 31 year old and female) who was driving in accordance with the new subparagraph is shocked in front of the driver's seat of the vehicle being driven by the victim, resulting in the victim's injury, such as brain, and at the same time, damaged the victim's vehicle to cover repair costs equivalent to KRW 2,257,090 in the estimate of the vehicle.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement of the police statement regarding C;

1. The application of Acts and subordinate statutes to medical certificates, estimates, and actual survey reports;

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 the accident);

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

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

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