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(영문) 인천지방법원 2013.09.26 2013고정2166
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 driven C. P. P. P. O. as his duties.

On April 1, 2013, at around 22:10, the Defendant driven the said vehicle on the street in front of the “Sag-Development Range” located in 782, Seo-gu Incheon, Seo-gu, Incheon, and continued to run in the speed of two lanes from the direction of the “Sag-Sag-ri distance.”

The driver of a motor vehicle has a duty of care to prevent accidents due to smoke, such as living well on the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of operation.

Nevertheless, the defendant is unable to proceed with it.

On the left side of the defendant's vehicle, the victim D(43 years of age, inn) who had been living in the same direction as one lane due to the negligence of getting out of the course, was unable to avoid the E's vehicle driven by the same direction, and the qui part faced with the right side of the damaged vehicle.

Ultimately, the Defendant suffered from an injury to the victim during the two-time period, such as spawn spawn, etc. due to the foregoing occupational negligence, and escaped without taking necessary measures, such as rescue and relief.

Summary of Evidence

1. Each legal statement of witness D, F and G;

1. 교통사고 실황조사서⑴⑵

1. Photographs of each damaged vehicle;

1. Medical certificate (in the face of 33 investigation records);

1. Application of the written estimate statutes;

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 destroying and damaging property);

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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