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(영문) 대구지방법원 2016.10.07 2015고정2162
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a car in XG.

On August 25, 2013, the Defendant driven the said car on the 11:35th day of August, 2013, and led the four-lane road ahead of the Dju point in Daegu Nam-gu, along the two-lane distance from the side of the KaTol Hospital.

In this case, there was a duty of care to prevent accidents in advance by accurately manipulating the front section and the left and right of the driver of the motor vehicle and accurately manipulating the steering gear.

Nevertheless, due to negligence of neglecting this, the Defendant got the back part of the FM7 car driven by the victim E who stops in the same direction as the signal signal in front of the same direction.

Ultimately, the Defendant suffered injury to the victim, such as salt and tension, which requires approximately three weeks of medical treatment due to occupational negligence, and, at the same time, escaped without immediately stopping the victim, without taking necessary measures, such as providing relief to the victim, even though it was damaged to ensure that the repair cost of the victim’s vehicle is equivalent to KRW 1,414,740.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report, on-site map, and traffic accident report (1);

1. A criminal investigation report (in pages 11 of the records);

1. Photographs related to accidents;

1. A written diagnosis and written estimate for each vehicle;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Violation of the Road Traffic Act (mutual crimes and sentence heavier between the crimes committed after the accident).

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