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(영문) 창원지방법원 통영지원 2014.06.25 2014고정83
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 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-speed vehicle B.

On October 7, 2013, the Defendant driven the above vehicle at the speed of 22:37, while driving the vehicle at the speed of the Gyeongnam-si at the speed of the Gyeongnam-si, and led to the right-way bypassing the distance from the right-distance of the ancient city to the accommodation of prisoners of war.

At the time, it is night, and there is a remote distance from the operation of a vehicle, so a person engaged in driving service has a duty of care to prevent accidents by safelypassing the front door and the left.

Nevertheless, the Defendant neglected this and went to the right side of the Defendant’s driver’s vehicle, which was operated in the right side of the shuttle distance from the right side of the front side of the C bus operated in the right side of the front side of the road.

The Defendant, who was on board a bus due to such occupational negligence, suffered from the injury of light salt panion for about two weeks to the victim D (the age of 39) who was on board the bus, and, at the same time, escaped without any necessary measures such as providing relief to the victim, etc., even though the Defendant destroyed the bus so that the repair cost for the left-hand panion is equivalent to KRW 31,859.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement of D and E;

1. A report on the occurrence of a traffic accident, a traffic accident report (1) (2), each photograph, and a statement of the person involved in the traffic accident;

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

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act (the point of taking measures after an accident);

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

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