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(영문) 대전지방법원 2014.08.14 2014고정265
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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 Crane car.

At around 21:50 on December 7, 2013, the Defendant continued to cross-sections in front of the Si/Eup/Myeon office in Geumsan-gun, Geumsan-gun, Chungcheongnam-do from the terminal to the front door of the Eup/Myeon office in the area of the Eup/Myeon.

At all times, there is a duty of care to confirm and proceed with the safety of the intersection by reducing the speed prior to the entry into the intersection and by properly examining the ebbbrance of the intersection, since the intersection without any signal, is an intersection where traffic is not controlled and the traffic is frequent.

Nevertheless, the Defendant neglected this and received the part on the right side of the vehicle, which is driven by the victim D (I, 52 years old) who is in the process from the right side of the proceeding direction by negligence, and was driven by the victim D (I, 52 years old).

Therefore, even if the damaged vehicle is damaged to be in an amount equivalent to KRW 226,346, the vehicle immediately stopped and did not take necessary measures to restore the traffic flow, leaving the site, leaving the vehicle, leaving the vehicle at approximately 40 meters away from the site of the accident, and escape without leaving the vehicle at the road as it is.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a traffic accident report, a traffic accident report, a actual condition investigation report, estimates, and field data photographs;

1. Relevant Articles 148 and 54 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the defendant who is the primary offender, confessions, and is in depth against the order of provisional payment.

In addition, there was no significant damage and agreed with the victim.

In this context, considering all the circumstances such as the defendant's age, character and conduct, occupation, means and result of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined.

Parts of innocence

1. The Defendant is engaged in driving a Crane car.

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