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(영문) 창원지방법원 통영지원 2013.03.18 2012고정837
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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 the B-learning passenger car.

On October 16, 2012, at around 00:40, the Defendant driven the said motor vehicle at the intersection of the private distance in front of the original literary portrait, which is located in the luminous celebrology at the time of the city of Gyeong-nam, and proceeded at about 50km from the right on the right on the right on the right on the side of the high.

At all times, since the signal was a long-distance intersection where signal lights are installed, a person engaged in driving service has a duty of care to drive safely in accordance with good faith.

Nevertheless, due to the negligence of neglecting and proceeding the former stop signal while the Defendant neglected to do so, the Defendant received the front part of the DNA X-ray car driving by the Defendant as the front part of the vehicle driving by the Defendant, which was driven by the victim C, who was to turn to the left from the left-hand side of the non-protection seat line.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as clifal and clifal salt in need of treatment for about three weeks, and, at the same time, escaped without taking necessary measures, such as stopping and providing relief to the victim, even though the repair cost was damaged to an extent equivalent to KRW 2,090,916.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement of the police statement regarding C;

1. A traffic accident occurrence report and a traffic accident actual condition investigation report;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes governing accident site photographs;

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 where measures are not taken 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. 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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