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(영문) 창원지방법원 2015.07.08 2015고정595
특정범죄가중처벌등에관한법률위반(도주차량)등
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Defendant shall be punished by a fine of KRW 7,000,000.

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 a set of automobiles B.

On March 3, 2015, the Defendant driven the said car at around 20:25, and driven the three-lane road in front of the D Hospital located in Kimhae-si, Kimhae-si, along the two-lanes, at a speed of 60 km from the surface of the city to the surface of the D Hospital at a speed of 60 km.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to closely examine the situation of the road front-way and safely drive the motor vehicle to prevent accidents due to smoke.

Nevertheless, the defendant's negligence, disregarding this, conflict with the right side of the victim E(E, South and 37 years old) driving in the top of the signal for left-hand turn at the same direction as the above set-line car by the negligence of the defendant's driving.

As such, the Defendant’s negligence caused injury to the victim, such as salt panion, etc. requiring treatment for a period of three weeks due to the Defendant’s occupational negligence, and at the same time, destroyed the damaged vehicle to use 1,103,386 won for repairing expenses, such as exchange of the right fluor, but failed to immediately stop the vehicle and abscond without taking necessary measures to take as a driver of the accident vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident) that apply the written estimate of repair costs;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

4. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse.

5. Article 334 (1) of the Criminal Procedure Act.

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