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(영문) 수원지방법원 안양지원 2016.02.04 2015고정1030
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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 is a person who is engaged in driving of Cknife vehicle.

On September 3, 2015, the Defendant driven the above vehicle at around 22:15, and led the Defendant to proceed to the direction of the Hanundi apartment in the new apartment that was located in front of Manyang-gu, Manyang-gu.

A person engaged in driving service has a duty of care to prevent accidents by accurately operating the steering gear and the steering gear well and accurately.

In that sense, the Defendant neglected to do so and found the victim E (17 tax) who was driving on the left side of the Defendant’s driver’s vehicle at the right side of the Defendant’s vehicle, and received the front part of the victim’s driver’s vehicle with the upper part of the front part of the Defendant’s driver’s vehicle.

After all, the defendant suffered from injury to the victim E, such as a shock and a bee of dubs, which requires approximately two weeks of treatment, due to the above occupational negligence, and at the same time, the defendant escaped without taking necessary measures, such as providing relief to the victim E by immediately stopping, even though the defendant damaged the above rabs in the victim G to cover 50,000 won, such as a shock shower replacement, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Statement made by the police for E;

1. A traffic accident report;

1. A written diagnosis and written estimate;

1. Application of the Acts and subordinate statutes to each photograph (2,6,7) and to the caps of an accident image (part 3 at a net time);

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 (the point of escape after occupational injury and injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after occupational injury and injury) 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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