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(영문) 청주지방법원 2016.04.28 2015고단1645
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 7, 2015, the Defendant, who is engaged in driving of cubs car in D, was driving the said car around 13:35 on August 7, 2015 with two lanes near the bus stops located in 1st of the city bus stops located in the city located in the Dong-gu Seoul Metropolitan City, the petition of Cheongju-si, and proceeded with about 80km of the speed from the underground roadway to the rooftop of the city.

At that time, there was a vehicle running on the one lane in front of the defendant's driving direction, so in such a case, the driver of the motor vehicle has a duty of care to see the right and the right and the right and the right and the right and duty of care to prevent the accident by safely operating the steering system and the system in a way that the driver of the motor vehicle can safely drive the steering system and the system.

However, the Defendant neglected this and neglected to stop in front of the vehicle, and continued to change the lane rapidly to a one-lane, and received the front part of the victim E (W, 32 years old) driving in front of the Defendant’s driving on the right side of the vehicle in front of the direction of the Defendant.

As a result, the Defendant, by negligence in the course of performing his duties, destroyed the car owned by the victim to cover approximately KRW 779,460,00 for repair, and did not immediately stop and escape without taking measures such as providing relief to the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E and G respective legal statements;

1. A survey report on actual conditions;

1. Application of the Acts and subordinate statutes to black booms, video pictures and estimates at the time of the accident;

1. Articles 148 and 54 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is relatively minor, and the degree of the damage of the vehicle caused by the instant traffic accident is relatively minor, and the vehicle was covered by a comprehensive insurance and thus an appropriate compensation is considered to have been granted to the Defendant two times prior to about six years.

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