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(영문) 인천지방법원 2013.11.29 2013고정4093
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 05, 2013, at around 02:20 on October 05, 2013, the Defendant driven a three-lane street in front of the 215-4, Gyeyang-gu, Incheon, Gyeyang-gu, in order to drive a three-lane road at a speed of 30-40 km per hour depending on the two-lanes in the gradic and underground streets from the calculated three-lanes.

The E-Motor vehicle volume driven by the victim D(50 years old, South) is one-lane and is proceeding in the future in the direction of the vehicle of the defendant, and the signal stop is in the front stop signal, so the defendant engaged in the driving of the motor vehicle has a duty of care to take the front side and right side well, to accurately operate and safely operate the steering and operating the steering system.

Nevertheless, the Defendant is driving without neglecting it.

At the latest, the non-standing vehicles stopped on the front side were found to be late and the left-hand side of the Defendant's vehicle, and the part of the driver's fluor was shocked behind the left-hand side of the damaged vehicle.

The Defendant suffered injury, such as salt fat, etc., in need of treatment for about three weeks by occupational negligence, and suffered physical damage equivalent to KRW 6,628,800 of the cost of repairing damaged vehicles, and escaped without necessary measures, such as aiding the victim.

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 Chapter 6-6 Acts and subordinate statutes, such as a written diagnosis, estimate, and field photograph;

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, and Articles 148 and 54 (1) of the Road Traffic Act (the point of not taking measures after the destruction of property) concerning the crime;

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

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate amount of punishment (the age of the accused, the agreed point, the first offender, etc. shall be considered);

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

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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