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(영문) 수원지방법원 안산지원 2013.12.18 2013고정652
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in driving of a leisure car at C.

On December 15, 2012, the Defendant driven the said car without a driver's license, and driven it at the speed of about 30 kilometers in the speed of Sinpo in the direction of Sinpo in Seoul. On December 15, 2012.

If the victim D(the age of 30) who was driving on the right side of the course finds the E X-ray car driven, the defendant engaged in driving of the vehicle has a duty of care to send the movement of the damaged vehicle to the signal with a horn, etc. and to prevent the accident in advance by safely driving the vehicle.

Nevertheless, the Defendant neglected this and went away without taking measures such as aiding the victim, even though the Defendant received the part of the driver's seat of the victimized vehicle from the front side of the steering force of the victimized vehicle and suffered injury requiring approximately three weeks of medical treatment, such as "brain sugar", etc., but failed to stop immediately and abscond.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Protocol of inspection by this Court;

1. A fact inquiry report to the Director of the Korea Highway Corporation;

1. A medical certificate;

1. Application of Acts and subordinate statutes on accident-related photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the selection of fines for a crime;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., confession and consideration of agreement with the victim);

4. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

5. The defendant and defense counsel under Article 334(1) of the Criminal Procedure Act.

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