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(영문) 창원지방법원 거창지원 2012.11.14 2012고단401
특정범죄가중처벌등에관한법률위반(도주차량)
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

On August 4, 2012, at around 16:40, the Defendant driven a 1 ton cargo vehicle C, and led to the passage of the road in front of the North Korean iron metal located at the end of the Mag-gun, Chang-gun, Chungcheongnam-do.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to safely drive the motor vehicle with the right side and to prevent the accident by safely driving the motor vehicle.

Nevertheless, the Defendant neglected this and proceeded with the center line of the yellow cell line in order to overtake the said vehicle of the victim D (hereinafter referred to as 44 years old) driving, and proceeded into the left-hand side of the said vehicle of the said Aburged vehicle, and then re-enters into the front part of the said vehicle. The Defendant saw the front-hand part of the said vehicle into the front-hand part of the said vehicle of the said cargo driven by the Defendant.

Accordingly, even though the defendant suffered an injury to the victim F (V, 42 years of age) who was on the back of the top of the operation of the victim D and Aburd-lurged car, he immediately stopped and escaped without taking necessary measures, such as providing assistance to casualties, even though he/she suffered an injury to the crypump, etc. which requires treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. The application of Acts and subordinate statutes to traffic accident reports (including field photographs, etc.), actual survey reports, each investigation report, and each injury diagnosis report;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime committed;

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

1. Selection of an alternative fine for punishment;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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