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(영문) 수원지방법원 2014.05.22 2014고정656
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a vehicle BM3 vehicle volume.

On October 31, 2013, the Defendant came to turn to the left at the right-hand turn at the three-lanes of the 5-lane between the two-lanes in front of the upper port middle school located in the upper and upper east-dong of the Suwon-si, Suwon-si, and the two-lanes of the 5-lanes.

The location is an intersection where signal, etc. is installed on the front bank, so in such cases, a person engaged in the driving duty has a duty of care to prevent accidents by proceeding in accordance with signals.

Nevertheless, the defendant neglected this and got the front part of the DNA cargo vehicle driven by the victim C(38 years of age) who was driven by the victim C(38 years of age) in accordance with the new subparagraph on the water surface due to the negligence of the defendant's failure to make a left turn at the front part of the vehicle of the defendant.

Ultimately, the Defendant, by occupational negligence, committed an injury to salt, tension, etc. to the victim for about three weeks of medical treatment, and, at the same time, did not immediately stop the damaged vehicle and take necessary measures, such as providing relief to casualties, even though property was damaged to the injured vehicle for repair expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. On-site photographs and reports on traffic accidents (on-site survey report);

1. Application of Acts and subordinate statutes to a medical certificate, certificate of acceptance of automobile-scrapping, and investigation report;

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

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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