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(영문) 부산지방법원 2013.08.22 2013고정1291
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 who is engaged in the duty of driving the Cknife vehicle.

On October 17, 2012, the Defendant driven the above vehicle around 19:30 on October 17, 2012, and driven the front road in front of the charge station of the white-sea tunnel in the city of Busan.

In such cases, the defendant engaged in driving of a motor vehicle has a duty of care to check the safety of the course by checking well the right and the right and the right of the motor vehicle and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and found the E-vehicle driven by the victim D (Nam, 39 years old) who was driving ahead of the same direction due to negligence of neglecting it, and received the part of the Defendant’s vehicle loaded behind the victim’s vehicle in front of the vehicle driven by the Defendant.

The Defendant, by the foregoing occupational negligence, sustained satisfys, etc. in each two-day medical care for the same passenger of the above victim D and the above victim F (ma, 46 years old), and escaped without taking measures, such as providing relief to the victim while destroying property equivalent to 203,661 won of the repair cost of the damaged vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of D traffic accidents;

1. An investigation report on the actual condition of traffic accidents and a report on the occurrence of traffic accidents;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles and photographs thereof;

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 by applicable law;

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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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