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(영문) 인천지방법원 2012.05.18 2011고정4719
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a e-cub vehicle B.

On June 11, 2010, the Defendant driven the above car at around 03:55 on June 11, 2010, and used the three-lanes in front of the 552-5th Special Drawing-dong, Incheon, with the right side of the drawing shooting distance from the story side of the drawing, leading to the speed of about 20-30km at the speed of 20-km.

In this case, a person engaged in driving service has a duty of care to take the right and the right and the right and the duty of care to drive.

Nevertheless, the Defendant was negligent in driving a stroke while driving a stroke, and was driven by the victim C(50 years of age) on the same lane as the stroke, which was driven by the victim C(50 years of age) while driving the stroke, and received the front driver of the vehicle in which the Defendant was driving the stroke.

Ultimately, the Defendant by such occupational negligence suffered from E (the 43 years of age, women) who was on the part of the victim C and Aburged passenger vehicle, respectively, for about two weeks of medical treatment, and at the same time, caused a traffic accident that damages property at Aburged passenger vehicle to cover repair costs equivalent to KRW 266,00,00, and left the site without being specified as the number of the vehicle in the accident.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. The actual condition survey report;

1. Photographss of damaged vehicles, cuss photographs, damaged vehicles, etc.;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

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 concerning the facts constituting an offense (the point of taking measures after an accident);

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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