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(영문) 대구지방법원 2013.07.25 2013고단3349
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person engaged in the operation of QM5 automobiles.

On May 20, 2013, the Defendant driven the above vehicle on May 23:27, 2013, and turned the front way of the Daegu Hospital located in Tae-dong, Taegu, Tae-dong, Daegu, from the west to the west, in one way.

At the time, there is an intersection where signal lights are installed at night and at the front, so the driver of the vehicle has a duty of care to ensure and proceed with the safety distance to avoid when the vehicle stops ahead of it in the same direction to reduce speed by accurately operating the brake system.

Nevertheless, in the situation where the safety distance with the vehicle ahead is not secured due to neglect of this, the defendant was led to the back part of the D car driven by the victim C (I, 32 years old) who was under the suspension of the traffic signal prior to the vehicle of the defendant due to erroneous operation of the Brack.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of medical treatment for about two weeks due to occupational negligence as above, and at the same time, the Defendant escaped without taking necessary measures, such as aiding the victim, even though the repair cost, such as the exchange and maintenance of the spread, was damaged to the extent that the above damaged vehicle was damaged to the extent of 467,353 won.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. The actual condition survey report;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes on site photographs, vehicles and site photographs at the time of an accident;

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 (the point of failing to take measures after the accident);

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

1. Selection of a fine for negligence;

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