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(영문) 대전지방법원 천안지원 2013.10.11 2013고단946
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 new car in Category B.

On May 21, 2013, the Defendant driven the said car at a speed of about 50km per hour from the shooting distance of modern automobiles to the two straight direction. On May 21, 2013, the Defendant continued to drive the said car at a speed of about 50km per hour by signal apparatus located in the north-gu, Seo-gu, Seo-gu, Seo-gu, Seoan-gu.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance due to safety driving in accordance with good faith.

Nevertheless, the defendant neglected this and caused the collision with the lower pentel part of the car driving by the victim C(the age of 45) who is directly driving in the direction of Samsung from the direction of the race track due to the negligence of the defendant's negligence.

The Defendant, by negligence in the course of performing such duties, sustained injuries such as light salt bars, etc. which require treatment for about two weeks, and at the same time escaped without immediately stopping a vehicle drivinged by the victim, and without taking necessary measures, such as checking damage situations, even though he/she damaged the vehicle to have approximately KRW 970,666 for repair costs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Each traffic accident report;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles;

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 issue after the accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

1. Selection of an alternative fine for punishment;

1. The reason for sentencing of Articles 70 and 69(2) of the Criminal Act in the custody of a workhouse is that the defendant escaped from an accident.

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