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(영문) 대전지방법원 2016.09.01 2016고정680
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 is engaged in driving vehicles B and B.

At around 01:20 on March 17, 2016, the Defendant turned off from the distance of one-lane of the five-lanes of the off-line of the off-to-grain apartment in the Seo-gu, Seo-gu, Seo-gu, Seoul, to the direction of the four-distance distance of the off-to-grain air.

The Defendant had a duty of care to follow up the safety check, such as whether the Defendant was prone, and whether there was a vehicle in progress, etc. in the future.

Nevertheless, the Defendant, due to the negligent negligence of neglecting the latter-time, conflict with the part of the driver's next to the front part of the D vehicle driven by the victim C(IS, 59 years old) who is to turn to the left from the Hanbane distance on the side of the Hanbane distance.

As a result, the defendant suffered injury to the victim, such as salt ties, tensions, etc. in need of treatment for about two weeks, and at the same time, the above damaged vehicle was damaged by 904,378 won, such as the exchange of post-frackers, and escaped without immediately stopping it and taking measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement (simplified traffic) with C;

1. The actual condition of traffic accidents;

1. An accident site photograph;

1. A medical certificate;

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, 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 (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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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