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(영문) 인천지방법원 2013.06.13 2013고정1011
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CF car.

On December 11, 2012, at around 16:51, the Defendant was going to proceed bypassing and proceeding from the side of the drawing ICT of the Nam-gu Incheon Metropolitan City, the 552-4 LG electronic side, to the National Tuberculosis Association Incheon Branch.

A person engaged in driving motor vehicles has a duty of care to check the safety of course by checking well the right of way prior to the right of way and to make a right of way.

Nevertheless, the part on the left-hand hand of the E Car driven by the victim D (the age of 41) who stops due to the negligence by neglecting this, was placed in front of the left-hand hand of the vehicle of the defendant.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of medical treatment for about two weeks, and escaped without any necessary measures, such as checking the state of damage and providing relief to the victim, even though the Defendant damaged the property to be 600,056 won, such as the exchange of flubs, etc. in the damaged vehicle.

Summary of Evidence

1. Legal statement of witness D;

1. An accident site map and a traffic accident report;

1. A written diagnosis and written estimate;

1. Application of each damaged vehicle photograph, accident site photograph, and Acts and subordinate statutes governing the skin vehicle photograph;

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 destroying and damaging property);

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. Determination of the assertion by the Defendant and the defense counsel regarding the provisional payment order under Article 334(1) of the Criminal Procedure Act, the Defendant and the defense counsel do not constitute an injury to the extent that the instant accident is insignificant and the injury inflicted on the victim does not require relief measures

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