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(영문) 전주지방법원 2015.10.13 2015고정177
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who drives a traXG car owned by the land owner.

On August 18, 2014, at around 22:55, the Defendant: (a) proceeded at a speed of 30 km from the right-hand side of the vehicle driving on the opposite side at a speed of 30 km per hour, along with the speed of 1:30 km from the right-hand side of the vehicle driving at a speed of 30 km; (b) the Defendant, on the opposite side, destroyed the said part of the GM vehicle stopped at the front side of the left-hand side of the vehicle driving on the road, thereby damaging the repair cost of KRW 493,298. However, without immediately stopping and taking necessary measures.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made to F and H by the police;

1. A written statement of I;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. Reports on internal accidents;

1. Application of each investigation report (the identification of a suspect, and the prosecution of a witness for a suspected vehicle) statute;

1. Relevant Articles 148 and 54 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. Of the facts charged in the instant case, the summary of the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (D) is as follows: (a) the Defendant, around 22:55 on August 18, 2014, driven a tetra XG car and proceeded at a speed of 30 km a speed of 50 km a speed from the right later point of the east-gu Seoul Metropolitan City at the speed of 30 km a speed from the right later point of the east-gu at the speed of the Defendant’s driver’s vehicle; (b) the Defendant was negligent in performing the duty of care to safely drive the vehicle at a safe speed or method depending on the structure and performance of the front left left and right, thereby taking account of the part of the victim F (Seoul, 33 years old) driving the GE car in front of the left side of the Defendant’s driver’s vehicle.

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