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(영문) 대구지방법원 서부지원 2019.01.18 2018고단1063

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 shall drive a motor vehicle B with low bid.

On November 24, 2017, the Defendant driven the above car at around 00:55, and led the Defendant to proceed along the four-lanes of the half-lane distance off the front side of Daegu Seo-gu, Seo-gu.

The Defendant, prior to the same direction, was followed by the E 5 car driven by the victim D, and therefore, the victim was well aware of the situation, and there was a duty of care to secure and proceed with the safety distance to avoid when the vehicle stops.

Nevertheless, the defendant was negligent in driving a vehicle in the vicinity of the driver's vehicle due to his negligence and did not avoid waiting for the victim's driver's vehicle, and received the back part of the victim's vehicle with the front part of the defendant's vehicle.

As a result, the Defendant suffered from an injury to the fluoral base in need of the victim’s treatment for about three weeks by occupational negligence as above, and at the same time, the Defendant did not immediately stop the said K5 car so that the repair cost equivalent to KRW 978,000 is damaged, and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, D, G, and H;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Written estimate (the sequence 29 of the evidence list);

1. Application of Acts and subordinate statutes to investigation reports (such as video images of CCTV accidents in front of the Iart), investigation reports (the video images of CCTV accidents in front of the Jel);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act 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 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 defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act is the violation of the Punishment of Violences, etc. Act.