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(영문) 수원지방법원 안양지원 2015.11.19 2015고단1106
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On April 8, 2015, the Defendant driving a B K5 car around 23:20, while driving the B K5 car in the direction of the Gun in the inner direction of the Gun in accordance with one-lane of the four-lanes of the shooting distance of the Sungyang National University located in Syang-ro 102.

At the time, there is an intersection where signal lights are installed at night and at the front time, so the driver engaged in driving service has a duty of care to keep the safety distance according to the traffic situation and to ensure the safe operation of the steering and steering system by accurately operating the steering and steering system.

Nevertheless, due to the negligence that the Defendant neglected this and proceeded without properly examining the front door, and found D-Scar car driven by the victim C (the age of 32) late and operated it to avoid this. However, the Defendant failed to avoid this, and the Defendant failed to take necessary measures such as providing relief to the victims E (the age of 34) with the front part of the K5 car driven by the Defendant, taking the back part of the said C-Scar car as part of the front part of the K5 car driven by the Defendant, and she got about two weeks of light flusium treatment for each of the victims E-W (the age of 34). At the same time, the Defendant failed to immediately stop the car with the repair cost of KRW 2,048,628 and failed to take necessary measures such as providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. 교통사고보고⑴⑵

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 crime by applicable law;

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

1. The instant accident occurred due to the Defendant’s negligence driving on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order.

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