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(영문) 수원지방법원 2020.03.19 2019고단7878

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving cars BM3.

On October 22, 2019, at around 06:35, the Defendant proceeded at a point 35.9 km on the parallel line on the territorial motorways adjacent to the river in the Suwon-si, Suwon-si, Seoul-si, along the direction of the ICT of the East-gu, along the five-lane radius from the direction of the ICT of the East-gu.

In such a case, the driver had a duty of care to care in advance to prevent accidents by accurately manipulating the steering gear and accurately manipulating the steering gear when changing the course to a person engaged in driving service.

Nevertheless, the Defendant neglected this and caused the victim D(45 years old) who was driving a Cmerpt freight vehicle by the negligence of rapidly changing the course from the five-lane to the four-lanes that the Defendant proceeded along the four-lanes to the port by driving the Cmerpt freight vehicle. The victim D(45 years old) caused the victim's cargo to the port by plucking or plucking the hand to the port.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the Defendant in need of treatment for about two weeks, and at the same time escaped without any necessary measures such as providing relief to the victim, even though the Defendant damaged the cargo vehicle so that the repair cost of KRW 16,65,00, such as exchange of the preceding panions, would be 16,65,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Medical certificates and medical records;

1. Written estimate;

1. Application of traffic accident reports, on-site photographs-related Acts and subordinate statutes;

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 (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 the order of provisional payment.