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(영문) 대구지방법원 2012.09.12 2012고정1610
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 of the 1t cargo vehicle for the closure of the Cliberus.

The Defendant, at around 19:00 on April 6, 2012, driving the above cargo vehicle and proceeding one way ahead of terongsung service in the inspection Dong-gu, Daegu, Daegu, from the east Elementary School to the East subway Station.

Mascar service was conducted bypassing to Mescar service.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to check the safety of the course by checking the right and the right and the right at the right and the right and the right of the motor vehicle has to be checked before the right and the right and the right of the vehicle

Nevertheless, without neglecting this, the victim D(17 years old) driving the Eth 100cc Ethiopia in the same direction as the right side of the right side of the vehicle of the defendant without discovering the Eth 100cc Ethiopia, which was followed by the right side side of the defendant's vehicle, and causing injury to the victim, such as the right side spacking spacks, which requires approximately two weeks of medical treatment, due to the shock, and the victim failed to take necessary measures such as providing relief to the victim, even though the above spacks to repair 640,00 won, and immediately stopping the spack.

Summary of Evidence

1. Legal statement of witness D;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. The actual condition survey report;

1. A report on investigation (22 pages of investigation records);

1. A report on investigation (the photographing part of the victim's wife);

1. Written estimate;

1. Application of Acts and subordinate statutes of a medical certificate;

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 an alternative fine for punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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