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(영문) 광주지방법원 순천지원 2018.04.20 2018고단169

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of CA6 car.

On November 23, 2017, the Defendant driven a vehicle A6 car above 15:13, the Defendant driven the vehicle at a low speed, along with one-lane in the direction of the straight distance from the front side of the Seocho-gu Seoul National University of Education, at the front side of the Seoul National University of Education.

Since there is a signal signal, in this case, a person engaged in driving of a motor vehicle has a duty of care to observe the signal and to prevent the accident by safely driving the front door and the left and right of the motor vehicle.

Nevertheless, the victim E (at 26 years old) who neglected this and proceed to turn to the left in the direction of the new letter in the direction of the 3rd parallel of the opposite letter (at 26 years old) in the opposite letter, received the back part of the right side of the F QM3 vehicle driving by the defendant as the front side of the above car of the defendant.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as light finites and tensions, which requires approximately two weeks of medical treatment. Even if QM3 vehicles are damaged by repair cost, the Defendant immediately stopped the said QM3 vehicle and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate and a report on maintenance;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

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 Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act was not agreed with the victim, the vehicle has been covered by a comprehensive insurance, and the amount of damage is significant.