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(영문) 인천지방법원 2013.04.24 2012고단11926
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 who is engaged in driving a car in B Sti-type.

On November 29, 2012, the Defendant driven the car in the above Stwit area on November 23:20, 2012, and proceeded at approximately 30km from the boundary of the Busan Police Station to the full-time mountain tunnel slope, in accordance with the first four-lane of the 562 side of the Bupyeong-gu Incheon Bupyeong-gu Busan Metropolitan City Busan Metropolitan Government.

At all times, since the victim C(49 years of age) driven by the DPoter vehicle was the left-hand to the left pursuant to the new subparagraph, there was a duty of care to prevent the accident by driving the driver in a safe way by checking well the right and the right and the right of the driver.

Nevertheless, the Defendant neglected to do so, and neglected to do so, received the front part of the left-hand part of the vehicle in front of the driver’s seat of the vehicle in the string.

As a result, the Defendant suffered injury to the victim, such as light oil and fluoral salt in need of treatment for about two weeks due to such occupational negligence, and escaped without taking necessary measures, such as immediately stopping, even if the above fluoral vehicle was damaged to the extent of approximately KRW 700,566, such as the exchange of fluoral fluor, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

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 an alternative fine (a reasonable ground favorable to the defendant, such as the fact that agreement has been reached on March 25, 2013 with the victim, the injury of the victim is relatively insignificant as two weeks prior to the victim, the fact that the vehicle is covered by the comprehensive motor vehicle insurance, the fact that there is no record of criminal punishment, etc.);

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

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