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(영문) 광주지방법원 2016.03.03 2015고단4938
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On September 13, 2015, the Defendant driven a B rocketing car on September 16:38, 2015, and proceeded along the three-lane direction in the south-gu Nam-gu Seoul metropolitan high-priced direction with the four-lane road in front of Gwangju Nam-gu.

The Defendant had a duty of care to prevent accidents in advance by securing a safe distance to avoid a stop of a vehicle XG prior to the same direction of the victim D(50). As such, the Defendant had a duty of care to prevent accidents prior to the suspension of a vehicle by securing a safe distance to avoid it.

Nevertheless, the Defendant neglected this and found it late to stop the above TD XG car due to the negligence of driving the above TDG car close to the above TDG car, and took a sudden action, but the Defendant failed to stop the vehicle but received the behind part of the above TDG car as part of the front part of the car driven by the Defendant.

Ultimately, the Defendant, through the above occupational negligence, escaped from the victim F (e.g., 51 years of age) who was on board the said victim and XG car, without taking any measures such as aiding and abetting the damaged person, even though the repair cost was 951,586 won to the extent that the said TRaG car was damaged and damaged, the Defendant immediately stopped and fleded to the victim F (e.g., 51 years of age) who was on board the said TraG car for about 4 days, and suffered injury to the pipe, stroke and tensions of the part of the part of the 4 days in need of hospital treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. Each written confirmation of hospitalization;

1. Application of the written estimate statutes;

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 criminal facts (the point of absence of measures after an accident) under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of absence of measures after an 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. Attraction of a workhouse;

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