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(영문) 수원지방법원 평택지원 2017.04.26 2016고정613
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a spectrum car.

On July 28, 2016, the Defendant driven a vehicle above 05:40 on July 28, 2016, and driven the road of Pyeongtaek-si C and D, one lane from the right west to the right west.

In such a case, there was a duty of care to prevent accidents in advance by emphasizing the front side to a person engaged in driving of a motor vehicle, accurately operating the steering gear, and safely proceeding along the train line.

Nevertheless, the Defendant neglected this and got the front part of the victim E(64) driving, which was proceeding at the right speed from the shop apartment to the right speed of the opposite lane due to the negligence of the course of driving the center line. However, the Defendant received the front part of the victim E(64) with the left part of the Defendant’s front gate.

Ultimately, the Defendant, by the foregoing occupational negligence, sustained injury, such as light fluorum, which requires treatment of the victim for about two weeks, and at the same time destroyed the victim’s car to fill approximately KRW 1,750,060 of the repair cost by using a flusium flusium exchange, and escaped without immediately stopping the victim and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. A medical certificate;

1. A detailed statement of inspection and maintenance of each motor vehicle;

1. Application of each statute on photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the act of failing to take measures after the damage of property)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 53 and Article 55, Paragraph 1, Item 6 of the Criminal Code for Reduction of Small Quantity (Confession, reflectivity, early crime, self-denunciation, and the fact that a sea vehicle is insured by a comprehensive motor vehicle insurance.

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