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(영문) 대구지방법원 2016.05.04 2015고정2788
특정범죄가중처벌등에관한법률위반(도주차량)등
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Defendant shall be punished by a fine of seven 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 of the Egymban vehicle owned by D.

On August 30, 2015, the Defendant driven the above vehicle at around 11:20 on August 30, 2015, and led the Defendant to proceed to the normal direction of studying abroad in the direction of lurgic Eup located in the vicinity of the school located in the Magdong-gun, Gyeongdong-gun, Seogdong-gun.

Since there is a place where the center line of yellow solid lines is installed, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle without breaking the center line by accurately operating the steering area and the right and the right and the right and the right and the right and the steering system.

Nevertheless, the Defendant neglected this and got the victim F(26) who passed a bicycle on the front side (26 years) to go beyond the center and go beyond the road, due to the negligence that the Defendant gets involved in the middle line with the aim of overtaking the vehicle that was going on the front side.

As a result, the Defendant, by negligence in the above business, suffered from the victim’s spambling of the following arms requiring treatment for about two weeks, and at the same time, did not immediately stop the bicycle to rescue the injured party and escape without taking necessary measures, such as aiding and abetting the injured party.

Summary of Evidence

1. Part of the defendant's legal statements;

1. Legal statement of witness F;

1. A survey report on actual conditions;

1. A general diagnosis letter and a bicycle estimate;

1. Application of the Acts and subordinate statutes concerning black stuffs and video images;

1. Article 5-3 subparag. 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 (the point of failing to take measures after the accident)

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. Determination as to the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

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