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(영문) 대구지방법원 서부지원 2018.10.11 2017고정789

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a driver of a motor vehicle in Category B.

A. On July 11, 2017, the Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or Domain Prize), changed the course at a distance of about 20 KK in the direction of the four-distance distance from the scene of death to the intersection at a distance of about 20 Km in the direction of this distance.

In such cases, drivers have a duty of care to prevent accidents by accurately operating the steering direction and brakes well, and to prevent accidents.

In such a situation, the Defendant was negligent in neglecting this and was negligent in changing his course, and the Defendant was proceeding in the same direction.

C The higher part of the fenced in front of the left side of the private taxi is even the front door of the defendant's driving vehicle, and eventually, the damaged taxi driver D (37 tax) suffered injury, such as clouds, tensions, etc. requiring two-day medical treatment.

In this case, the driver immediately set up the vehicle and take necessary measures such as aiding the victim, but the defendant escaped.

B. Defendant 1 did not take any measure even though he immediately stops and takes necessary measures, if the damaged vehicle damages property worth approximately KRW 797,098, such as the exchange of Lart fences, etc. after the act as referred to in the above paragraph (a) of this Article.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A damaged vehicle and a fluor photograph of a fluor video image;

1. A written diagnosis and written estimate;

1. Application of the Act and subordinate statutes to a criminal investigation report (teleline investigation), investigation report (Attachment to CDs);

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) 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