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(영문) 광주지방법원 2014.04.11 2013고정2469
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DM5 vehicle.

On August 25, 2013, the defendant driving the above car at around 01:50 on August 25, 2013, and led to the flow from the Young-gu, Seo-gu, Seo-gu, Gwangju to the territorial sea.

At the time, it is night and located near the expressway, so in such cases, there was a duty of care to prevent accidents in advance by emphasizing the traffic situation in the front bank and accurately manipulating steering devices, brakes, etc.

Nevertheless, the defendant was negligent in driving a vehicle on the left-hand side of the road by the victim E (52 years of age) who was standing in the safety zone due to negligence in driving the vehicle on the left-hand side of the road, and received the back part of the Frane car as the left-hand side of the above SM5 car.

As a result, the Defendant suffered injury to the victim E, who is a driver of the franchising car, for about two weeks of medical treatment, and suffered injury, such as “a fluoral salt,” which requires approximately two weeks of medical treatment, to the victim G (54 years of age) who was a driver of the franchising car, and at the same time suffered injury, such as “a fluoral salt,” which requires approximately 52,053 medical treatment for the franchising car, and escaped without taking necessary measures in the event of a traffic accident, such as immediately stopping the franchis to cause damage to the franchising car and providing relief to the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. The actual condition survey report on traffic accidents and photographs of traffic accidents;

1. Each written diagnosis;

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 relevant criminal facts, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage and destruction);

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

1. Selection of an alternative fine for punishment;

1. Discretionary mitigation Criminal Act;

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