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(영문) 수원지방법원 평택지원 2014.08.06 2014고정309
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 driving a B-learning car.

On August 17, 2013, the Defendant driven the said car on August 18:45, 2013, and moved the two-lane road in front of the multi-lanes located in the Jindo-Eup Sari-do in Ansan-si in the Jindo-si.

Since there is a place where the center line of yellow-ray was installed, there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the entire city and safely.

Nevertheless, the Defendant neglected to do so and found the Estynael that was driven by the victim D(70 years old) who was parked in the front line of the Defendant, due to the negligence of the Defendant’s breaking the center line, late later, but did not stop, and received the left front part of the said taxi with the left front part of the said vehicle driven by the Defendant.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as climatic and climatic salt in need of treatment for about two weeks, and, at the same time, did not immediately stop the said taxi to the extent that the repair cost, such as the exchange of c,452,786 won, and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis and written estimate;

1. The actual condition survey report;

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

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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