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(영문) 인천지방법원 부천지원 2016.08.19 2016고정651
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Cunst Vehicles.

On 17:25 on 02. 06. 06. 17:2, the Defendant driven the above vehicle and continued to drive the road adjacent to the bank of 190, Seocheon-gu, Seocheon-gu, Seocheon-si, at an insular speed from the long distance towards the heart high-priced shooting distance.

At the same time, the victim D was followed by the rear of the Eststy drive by the victim D, and thus, the person engaged in the driving service had a duty of care to ensure the safety distance that can be avoided when the vehicle stops, and to ensure the safety distance that can be avoided when the vehicle stops.

Nevertheless, due to the negligence of driving in the vicinity of the vehicle in the vicinity of the vehicle, the part behind the rocketing car operated by the victim was contacted with the front part of the vehicle in front of the defendant's operation.

Ultimately, the Defendant did not immediately stop and take measures to confirm the contents of the accident while destroying and damaging the repair cost of KRW 293,324, such as repair of the rocketing vehicles, by negligence in the course of performing such duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. A traffic accident situation report and a traffic accident report;

1. Written estimate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 148 of the relevant Act and Articles 148 and 54 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The summary of the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressive Vehicles) among the charges of this case concerning the acquittal and dismissal of the charge of this case under Article 334(1) of the Criminal Procedure Act is as follows: “The Defendant received the part behind the damaged vehicle, such as the facts constituting the crime, from the front part of the Defendant’s vehicle in front of the victim’s vehicle, and thereby, sustained the victim’s chills and tensions requiring two-day medical treatment due to the shock; and the Defendant immediately stops on the spot and aids the victim.

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