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(영문) 의정부지방법원 고양지원 2013.11.14 2013고정1417
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant, around 02:10 on July 14, 2012, operated the Swelsan-dong, Solsan-dong, Solsan-dong, Solsan-dong on July 14, 201, and runs three-lanes among four-lanes in the direction of the mountain village from the side of the lake park.

The course has changed to a two-lane.

In such cases, a person engaged in driving service has a duty of care to verify the safety of the course and to change the course of the vehicle.

Nevertheless, the Defendant was negligent in violating the method of changing course due to the change of course of the victim C(27 years of age) driving at the two-lane, and received the front side of the victim C(27 years of age) driving in front of the left side of the vehicle of the Defendant.

After all, the Defendant, by negligence in the above occupational negligence, sustained injury, such as damage to light sacity, which requires approximately two weeks of treatment to C, and suffered injury to the same passenger E (the age of 29) on credit two weeks of treatment, and escaped without taking necessary measures, such as immediately stopping the vehicle to ensure that the repair cost is 523,116 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. E statements;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of the written estimate statutes;

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, and Articles 148 and 54 (1) of the Road Traffic Act (the point of not taking measures after the destruction of property) concerning the crime;

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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