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(영문) 수원지방법원 2014.02.13 2013고정3459
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is a person driving BM520 motor vehicles as a duty.

On September 14, 2013, the Defendant driven the above vehicle on September 14, 2013, and got straight at a speed of about 60 km from the Sinsi, using one lane of the three-lane road, including the American Maternic Maternic Matern and the right prior to the right of way in the direction of the city.

At the same time, the victim C (n, 25 years old) who stops in the signal atmosphere on the front side of the same direction had the amount of DNA-learning passenger cars driven, and thus, the person engaged in driving service has a duty of care to accurately operate the steering and brakes and to safely proceed by controlling speed in advance.

Nevertheless, the Defendant neglected this and led the damaged vehicle to the front part of the damaged vehicle due to the negligence of driving the vehicle in the vicinity.

As a result, the Defendant suffered injury to the victim, such as the definite base, which requires treatment for about two weeks by occupational negligence as above, and at the same time, destroyed the damaged vehicle to cover repair costs equivalent to KRW 780,826, but escaped without immediately stopping the damaged vehicle and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. A medical certificate;

1. A traffic accident report (1) actual survey report;

1. Photographs of the damaged vehicle;

1. Emotionating a screen of the video;

1. Application of the Acts and subordinate statutes on photographs showing number plates of suspected vehicles;

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 criminal facts;

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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