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(영문) 전주지방법원 정읍지원 2014.03.18 2014고정47
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around August 29, 2013, the Defendant violated the Act on the Punishment, etc. of Specific Crimes (Doing Vehicle) followed the two-lane crossing of the said vehicle from the site of the sampling tunnel to the area of the secondary apartment bank located in the non-permanent apartment located in the sub-Eup/Eup/Myeon.

At the same time, traffic control has been conducted by signal apparatus.

In such cases, a person engaged in driving of a vehicle has a duty of care to stop or drive the vehicle in accordance with the signals of the frontline signal apparatus.

Nevertheless, the defendant, despite the fact that the front signal is red, has entered the intersection and is straightened.

The driver did not avoid the amount of the C Sti-type car driven by the victim B (Nam, 43 years old) driving from the right side of the vehicle to the left side of the vehicle and received the back wheels part of the damaged vehicle due to the front side of the vehicle.

The defendant's negligence caused injury to the above B, such as multiple diversity typology, which requires treatment for about two weeks.

However, the Defendant did not take any measures to be taken as a driver according to the direction that contact D with D and arrival at the scene of an accident may result in leaving the scene, and escaped from the site.

2. Violation of the Road Traffic Act (AFS) caused traffic accidents such as those mentioned in the preceding paragraph, and the Defendant destroyed or damaged C Sti-type vehicles driven by the said victim B, and left the scene without any measure.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. The actual survey report and on-site photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-3 (2) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

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 of the Criminal Act to attract a workhouse.

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