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(영문) 수원지방법원 안양지원 2018.01.25 2017고단1482

특정범죄가중처벌등에관한법률위반(도주치상)

Text

Defendant shall be punished by a fine of five 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 of Cenz motor vehicles.

On May 15, 2017, the Defendant proceeded along with a one-lane road in the direction of the National Land Research Institute at the parallel of the Gu D building at the time of Ansan-si around 22:45.

At the same time, there was a center line of the yellow solid lines in the center, and there was another vehicle in the front side of the vehicle operated by the defendant, and there was another vehicle in the parked by the victim E (25 years) in the front side of the defendant's vehicle, so in such a case, there was a duty of care to prevent accidents by safely proceeding with the victim's vehicle without contact with the victim's vehicle by keeping the front side and the left and left well.

Nevertheless, the Defendant neglected this and proceeded beyond the central line of damage to another vehicle under stop while driving across the center line of damage, and the Defendant discovered the Defendant’s car going beyond the central line and received the part above the left-hand side of the driver’s right-hand side of the parked passenger car from the Defendant’s driver’s vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, suffered from the injury to the victim and the G (V, 34 years old) who was on board, such as fluoral salt, tensions, etc. in need of approximately two weeks of treatment, and escaped without immediately stopping and taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Each written statement of E and G;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to medical certificates and medical records;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime committed;

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;