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(영문) 수원지방법원 성남지원 2015.08.12 2015고정655
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 24, 2014, the Defendant operated a 233-laned motor vehicle at the S-W Intersection of S-nam Elementary School as the amendment of the Sinnam-si on December 19:40, 201, and proceeded to turn to the left at a speed of about 50 kilometers between the three-lanes of the e-lined e-mail and the e-maild e-maild e-maild e-maild e-mail.

Since there is an intersection where a signal, etc. is installed, a person engaged in driving a motor vehicle has the duty of care to check whether there is a vehicle and a person who drives a motor vehicle by reducing speed and by checking well the right and the right and the right of the motor vehicle and to drive the motor vehicle safely

Nevertheless, the Defendant neglected to do so and tried to stop immediately and stop the above gate so that it would amount to KRW 710,000,000 for repair cost, while the Defendant, while neglecting and proceeding with the stop signal of the vehicle, she suffered injury to the victim C (the 16-year-old driver)'s driving of the victim C (the 16-year-old driver) who proceeded to cross the intersection according to normal signals, due to the Defendant's driver's car and shocking the front wheels into the right right side of the Defendant, resulting in the victim's injury, such as salt, tension, etc., which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. C's statement on the occurrence of traffic accidents;

1. A traffic accident report (1.2);

1. A traffic accident occurrence report;

1. Photographs of the melting vehicle;

1. Photographs of the damaged vehicle;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident);

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

1. Selection of an alternative fine for punishment;

1. Article 53 or 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 201);

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

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