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(영문) 대전지방법원 2017.09.22 2017고정178
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of a rocketing car.

On October 10, 2016, the Defendant driven the above car at around 10:45, and led the Defendant to proceed with one lane prior to the “E” restaurant located in Sejong Special Self-Governing City D from Daejeon to the screen of Sejong.

Since there is frequent traffic of vehicles and pedestrians, in such a case, there was a duty of care to safely drive the vehicle by accurately manipulating the steering and steering gear.

Nevertheless, as the Defendant neglected the duty of the front week, the Defendant did not discover the driver’s vehicle to assist the victim F, who was in progress prior to the same direction, and did not shock the front part of the said driver’s vehicle to the right side of the Defendant’s driver’s vehicle.

As a result, the Defendant, by occupational negligence, sustained injury to the victim, such as tensions, tensions, and tensions, which are clearly clear in detail in the above 3-day medical treatment, and, at the same time, escaped without taking measures such as immediately stopping the victim while destroying the above 1,286,00 won to the extent of repairing expenses.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. A written diagnosis (F) and written estimate;

1. Application of traffic accident reporting Acts and subordinate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 54(1) of the former Road Traffic Act (Amended by Act No. 14356, Dec. 2, 2016) as to the crime (a point of absence of measures after an accident)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier than punishment);

1. Selection of an alternative fine for punishment;

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

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