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(영문) 청주지방법원 2015.04.02 2014고단1450
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

Around 14:15 on May 1, 2014, the Defendant operated D's franchiseer car as a business, and started to turn to the left from the 13th Liber-gun, Chungcheongnam-gun, Chungcheongnam-gu, Chungcheongnam-si. On the other hand, the Defendant got to the left at the 13rd Liber-si level. Since there is no signal, a person engaged in driving service has a duty of care to reduce the speed and to safely see the front and rear left hand, while he was negligent in entering the private distance as it was, and due to the negligence of entering the private distance as it was, the Defendant came to the private distance and found the f's driving car at the 36th century in front of the Defendant's right side of the above victim's vehicle.

After all, the Defendant suffered injury to the above victim, such as cerebral wave requiring treatment for about two weeks due to occupational negligence as above, and at the same time, did not take necessary measures, such as destroying the above damaged vehicle to cover approximately KRW 1,500,000,000 for repairing expenses and aiding the victim.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Police suspect interrogation protocol of the accused;

1. A E-document;

1. Application of Acts and subordinate statutes to the de facto survey report, diagnosis report, photograph (Evidence List No. 3), and each investigation report (Evidence List No. 17, 18);

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 of failing to take measures after the 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 former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is relatively recent until 2011.

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