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(영문) 서울동부지방법원 2013.07.04 2013고단904
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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 Cone Star A.S. car.

Around 00:25 on March 8, 2013, the Defendant driven the above van, and led the front road of Gangdong-gu Seoul Metropolitan Government 339-29, Gangdong-gu, to proceed from the direction of the luminous distance to the direction of the luminous curriculum approximately 40 km in speed.

At night, the victim D (the age of 53) was driven by the victim D (the age of 53) prior to the same direction, and therefore, the person engaged in driving service had a duty of care to ensure safety distance that can be avoided when the cab stops.

Nevertheless, the defendant neglected this and caused the panion part of the cab that the victim drives with the front part of the cab that the defendant drives due to the negligence of excessive driving.

As a result, the Defendant suffered injury, such as saved salt saves that require treatment for about two weeks by occupational negligence as above, and at the same time, the Defendant left the 2,887,566 won, such as the exchange of saves to the extent that the repair cost, such as the exchange of saves, did not immediately stop and take necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A survey report on actual condition, a traffic accident occurrence report, and each photograph;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article applicable to criminal facts;

(a) The escape after the injury caused by occupational negligence: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act;

(b) Point of a measure not taken after an accident: Articles 148 and 54 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, a violation of the Road Traffic Act, a violation of the Road Traffic Act, and a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes

1. Selection of an alternative fine for punishment;

1. Detention at a workhouse;

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