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(영문) 대전지방법원 2016.09.08 2016고정807
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a spoke-febbbage vehicle B.

On April 7, 2016, the Defendant driven the above cargo vehicle from the shooting distance in front of the building D in Daejeon-gu, Daejeon-gu, Daejeon-gu, and proceeded to Daejeon-gu, the middle-gu public health clinic, while driving the vehicle to the middle of Daejeon-gu, and started to go back temporarily after the internship.

In such cases, a person engaged in the driving of motor vehicles has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes well.

Nevertheless, the Defendant neglected it and tried to circumvent it to the Jung-gu Public Health Center from the direction of the Jung-gu Police Station as it is, and the Defendant tried to pass it to the public health clinic at the end of the Jung-gu Police Station, and the Defendant was found to have been loaded on the right side of the victim E (E, 32 years old) who was under a stop at the time of locking.

As a result, the Defendant suffered from the victim’s salt and tension in need of treatment for about two weeks due to the above occupational negligence, and at the same time, the Defendant did not take necessary measures to destroy the repair cost equivalent to KRW 2,260,000, such as the Babafer, and escaped without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to E (Simplified traffic);

1. Investigation report on the actual condition of traffic accidents, vehicle photographs, and investigation report (investigation into securing publicly announced video works);

1. Application of statutes, such as a written diagnosis, written estimate, etc.;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

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;

1. Punishment;

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