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(영문) 대전지방법원 2014.07.03 2014고정612
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 who is engaged in driving of fixed cargo C.

On January 5, 2014, the Defendant driven the above cargo vehicle at around 17:00, and proceeded at a speed of about 70 km from the parallel parallel of Daejeon-dong, Dong-gu, Daejeon-dong, about 73-Am five-lane roads in front of the main apartment complex of 508, Dong-gu, Daejeon-dong, to the parallel circulation distance of about 50 km.

Since the place is the well-known length with the center line of the yellow domin line, there was a duty of care to prevent accidents in advance by driving the vehicle in a safe manner and by safely driving the vehicle.

Nevertheless, the Defendant neglected this and took part above the left side of the victim D(50 years old) drive EM3 vehicle, which was going on a opposite lane due to the negligence of breaking the median line, and received the part above the left side of the said cargo.

Ultimately, the Defendant, by such occupational negligence, sustained salt and tensions of the bones, which requires medical treatment for about two weeks, and at the same time, escaped without any necessary measures, such as immediately stopping the said car and providing relief to the victim, even though the repair cost, such as the exchange of back pans, was damaged to the extent that the said car was damaged.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the traffic status survey report, diagnosis report, quotation, and photographic Acts and subordinate statutes;

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;

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

1. Selection of each alternative fine for punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The defendant has no criminal record of sentencing under Article 334(1) of the Criminal Procedure Act, confession and reflect in depth.

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