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(영문) 창원지방법원 통영지원 2013.07.04 2013고정124
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving CK5 cars.

On December 29, 2012, the Defendant driven the above car at the speed of 22:30 on December 29, 2012, while driving the car and driving the Han Fladon road at the speed of the string at the speed of the string.

Since the place is where a central line is installed, there was a duty of care to safely drive a person engaged in driving service without breaking the central line.

Nevertheless, while the defendant neglected to use a mobile phone due to negligence, he was driven by the victim D (year 21) who was living in the middle line while driving a mobile phone, the front part of the left side of the Etop vehicle operated by the victim D (year 21) was the front part of the driver's car.

The Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of medical treatment for about 10 days, and at the same time, escaped without stopping the victim’s car and taking measures such as providing relief to the victim, even though the Defendant destroyed the victim’s car so as to cover KRW 1,360,564, such as exchange and maintenance of the panion.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 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 (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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