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(영문) 대구지방법원 서부지원 2018.07.17 2017고단1555

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On March 16, 2017, the Defendant appealed from the Daegu District Court with four months’ imprisonment with prison labor for the crime of interference with business. However, on May 26, 2017, the Defendant was ordered to dismiss the appeal by the Daegu District Court. However, the Defendant was dismissed on July 25, 2017, and the said judgment became final and conclusive around that time.

The defendant is a person who is engaged in driving of other vehicles DNA.

On February 24, 2017, the Defendant driven the above vehicle at around 18:40, and driven the two-lane road in front of the F hotel in Seogu-gu, Seogu, Daegu at a speed of about 50km per hour at the distance of the post office of sex from the shopping wheel.

In such cases, there was a duty of care for those who are engaged in driving of motor vehicles to live well on the front side and the left side and to accurately operate the steering gear and the steering gear.

Nevertheless, the Defendant neglected this and proceeded as it is, and the Defendant changed the two lanes from the two lanes to the one lane, and received the part on the left-hand side of the Defendant’s vehicle behind the H-H vehicle driven by the Victim G (S 46).

Ultimately, the Defendant, by the above occupational negligence, sustained clocks and tensions that need to be treated for about two weeks, and at the same time, escaped without immediately stopping the damaged vehicle and without taking necessary measures, such as providing relief to the damaged person, even though the damaged vehicle was damaged by the repair cost of KRW 1,521,111.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Reports on traffic accidents and related photographs;

1. A medical certificate;

1. A criminal investigation report (with regard to a written estimate); and

1. Previous convictions in judgment: Application of text of judgment and Acts and subordinate statutes making inquiries about criminal history;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (do referred to as "main sentence") 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 Competition;

1. Selection of a fine for negligence;