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(영문) 대전지방법원 서산지원 2019.07.10 2019고단361

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B B B B-S cruise car.

On March 15, 2019, the Defendant driven the above car at around 19:10, while driving it along the two-lanes of the two-lanes in the direction of the Western City, the two-lanes of the two-lanes in the direction of the Western City.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to reduce the speed and to safely drive the road in accordance with the traffic signal to prevent the accident in advance.

Nevertheless, despite the fact that the Defendant neglected this and neglected it, the Defendant received the part of the victim G(the age of 42) driving in front of the car in front of the passenger car in order to turn left to the left from the direction of the Western in the direction of the Western F apartment in violation of the signal and received the part on the right side of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks by occupational negligence as above, and at the same time, the victim’s car was damaged to the extent of 653,68 won as repair cost, and escaped without immediately stopping the car and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to practical survey reports, field photographs, related video CDs, estimates, and diagnostic certificates;

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;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the victim suffered injury due to traffic accident, and the escape is a crime.