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(영문) 대구지방법원 상주지원 2016.02.16 2016고정13
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

On September 4, 2015, the Defendant is a person engaging in driving B Q5 car. Around September 13:49, the Defendant driven the said car, and neglected to exercise the duty of care of care of care of care of care of care of care of care of care for the left from the door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door part of the Defendant’s driver’s bicycle door door door door door door part of the Defendant’s driver’s car, thereby incurring approximately two weeks of the Defendant’s driver’s license door door door door door door door door door door door door door door door door door door door door door door door part of the Defendant’s bicycle door door door door door door door door door door, and did not take necessary measures such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. A report on investigation (with respect to a written agreement submitted by the victim and a receipt for estimate);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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

1. The sentence is to be imposed as ordered in consideration of the following factors: (a) there is no record of criminal punishment against the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act; and (b) there is no record of criminal punishment against the defendant for the reason of sentencing; and (c) the defendant agreed smoothly with the victim; and (d) the defendant’s age, sex and environment; (d) motive, means and consequence of the crime; and

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