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(영문) 춘천지방법원 속초지원 2013.09.25 2013고정103
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 a CV car.

On February 4, 2013, the Defendant driven the said car at around 18:30, and continued to drive a two-lane road above the Cheongcho school that is located in the Sincho-si, Sincho-si, Sincho-si, in accordance with the speed of about 20 km from the Hanam Flaz, to the Anam Flazon.

At the time, the victim D (WW, 58 years old) was driving a EM car at the front line of the Defendant’s driving, and thus, the person engaged in driving of the motor vehicle had a duty of care to prevent the sudden accident by properly maintaining the safety distance with the front line and accurately operating the brake system with the front line.

Nevertheless, the Defendant neglected to do so and neglected to do so and neglected to do so and neglected to do so at the front week, and received the back part of the math of the said math car as is, as is, the front part of the said Dales car.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as brain salva, which requires medical treatment for about two weeks, and escaped without taking necessary measures, such as providing relief to the victim, even though the Defendant damaged the said marina car to cover the repair cost of KRW 359,496.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and a field photograph of a 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, 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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