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(영문) 전주지방법원 군산지원 2016.07.08 2016고정98
특정범죄가중처벌등에관한법률위반(도주차량)등
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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant driven the B 1 ton cargo vehicle owned by the former Construction (State).

On December 16, 2014, 17:20 on 17:20 on 16, 2014, in the vicinity of the rock shooting distance at the Sinsan-si, Sinsan-si, Sinsan-si, the left-hand turn-hand turn-hand.

Although a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle in advance, he/she did not see the motor vehicle in front due to the driving of the motor vehicle, and caused a traffic accident that leads to the side of the motor vehicle in front of the said motor vehicle, which is the victim C, in the front part of the said motor vehicle.

The Defendant caused a traffic accident due to such negligence in the course of business, resulting in the victim E (31) of the said spawn vehicle in the above spawn vehicle. At the same time, the Defendant destroyed the above spawn vehicle to the extent of KRW 905,419 with repair costs, and escaped without taking necessary measures as the driver of the accident.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A traffic accident report;

1. Statement made by the police for E;

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

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime; Article 268 of the Criminal Act; Article 54(1) of the Road Traffic Act (the occupation of an escape vehicle) and Articles 148 and 54(1) of the Road Traffic Act (the occupation of an escape vehicle after destruction) concerning the crime;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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