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(영문) 창원지방법원 거창지원 2019.02.13 2018고단340
특정범죄가중처벌등에관한법률위반(도주차량)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is engaged in driving a cargo vehicle B ton.

On September 23, 2018, the Defendant driven the above-mentioned vehicle on September 23, 2018, and proceeded from the side located in Sho-gun C to the north of Sho-Eup.

In such cases, a person engaged in driving of a motor vehicle is obliged to pay a duty of care to prevent accidents in advance by reporting the traffic situation well and safely.

Nevertheless, the Defendant neglected this and proceeded on the road before the Fridge in front of the Fridge in E, and brought about the same direction at the edge of the vehicular road, with the left shoulder part of the victim G, which was coming from the edge of the vehicular road.

As a result, the Defendant, by negligence in the course of business, escaped without taking relief measures against the victim even though he/she injured the victim, such as the impairment of saves, saves, saves, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Reporting on the occurrence of a traffic accident, reporting on a traffic accident, application of statutes to the traffic accident CCTV CDs, diagnostic documents, and the next red inquiry;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime;

1. Selection of an alternative fine for punishment;

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

1. Elements of sentencing that is disadvantageous to the reason for sentencing under Article 334(1) of the Criminal Procedure Act: The factors of sentencing that are favorable to the fact that the defendant was sentenced to a three-time fine due to the violation of the Road Traffic Act, such as being punished by a fine of one million won due to drunk driving in 2002: The defendant's mistake and reflects the defendant's wrong recognition; the defendant has agreed smoothly with the victim; the defendant has no criminal record of suspended execution or more: the former sentence (the fine of five million won); the defendant's age, character and behavior, environment, motive, means and consequence of the crime.

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