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(영문) 인천지방법원부천지원 2020.08.20 2020고정317

특정범죄가중처벌등에관한법률위반(도주치상)

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bran XG car.

On November 23, 2019, the Defendant driven the above car at around 23:30 on November 23, 2019, and proceeded on the three-lane road in front of Busan in the direction of the Korean cosmetic in the direction of D, and made a left turn to the right in the direction of Busan IC.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to an excursion ship/ferry, and has a duty of care to ensure that he/she shall report the traffic situation well and safely drive the motor vehicle

Nevertheless, the Defendant neglected this and changed the course to the right side before completing the left-hand turn, and went to the right side of the victim E(the victim E(the victim 44 years old, South) who was making a normal left-hand turn at the two-lanes, followed by the front-hand part of the vehicle.

The Defendant, by negligence on duty, caused the victim to suffer a scam, scam, and tension that requires treatment for about two weeks, and left the scene without identifying that the victim is a driver and confirming the damage or providing relief to the victim.

Summary of Evidence

E Application of Acts and subordinate statutes to traffic accident reports, vehicle photographs, traffic accident reports (on-site investigation reports), diagnosis reports, internal investigation reports (victim statements).

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Article 268 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order did not recognize the conflict itself;

No injury inflicted on a victim or a victim does not constitute an injury requiring relief.