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(영문) 광주지방법원 목포지원 2021.02.05 2020고단738

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 car in B SP area.

On April 29, 2020, the Defendant tried to change the road in front of the C building into one lane from the surface of the artificial width width to the surface of the shooting distance from the surface of the Do office, in which the road in front of the C building is in front of the Nampo City on April 18, 2020.

At the same time, the driver of a motor vehicle, who is a driver of a motor vehicle, has a duty of care to properly observe his/her own lane and operate the steering direction and brake system in a safe manner on the two-lanes where the traffic of the motor vehicle is frequent, and the driver of a motor vehicle is driving the motor vehicle at the same time, and therefore, the driver of the motor vehicle has a duty of care to safely operate the steering direction and brakes. However, due to the negligence of changing the motor vehicle due to the change of the motor vehicle, the driver of the motor vehicle has reached the front part of the driver's driver's license on the left side of the motor vehicle.

As a result, Defendant 1 suffered injury to the victim, such as salt ties and tensions that require approximately 2 weeks of treatment due to such occupational negligence, and at the same time, Defendant 2 escaped without taking necessary measures, such as immediately stopping and providing relief to casualties, even though the victim’s damage to the fences of the Epoter II cargo in order to ensure that the repair cost is equivalent to KRW 1,423,058.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Written statements of D;

1. A report on the occurrence of a traffic accident, a statement hearing report, a fact-finding survey report, an accident-related photograph, a medical certificate, and a written estimate for repair expenses;

1. Application of Acts and subordinate statutes to investigation reports (suspects specific), CCTV images CDs, and investigation reports (domain offenders);

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, Articles 148 and 54(1) of the Road Traffic Act (the occupation of measures not taken after an accident);

1.Articles 40 and 50 of the Criminal Code of Trade and Trade (the punishment shall be heavier).