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(영문) 수원지방법원 2021.02.04 2020고단6928

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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 the ice Motor Vehicle B.

At around 05:30 on September 7, 2020, the Defendant driven the above vehicle, and led to a return village that is located in a ridge at a fluent time. However, on the ground of the underground roadway, the Defendant was directly promoted from the fluent road to the fluent surface of the underground roadway.

In such a case, there was a duty of care to safely drive a person engaged in driving a motor vehicle by checking the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and did not keep the front door properly, and did not continue to stop in the front door, and followed the right side of the victim C(65) driving in the front door, which was under the influence of the signal waiting in the front door, and shocked into the front part of the driving vehicle of the Defendant.

Ultimately, the Defendant, by occupational negligence, sustained injury to salt and tensions that require approximately two weeks of medical treatment, and at the same time, escaped without immediately stopping a motor vehicle to the extent that it damages a sum of KRW 1,066,371, and without taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A copy of a medical certificate;

1. A copy of a written estimate;

1. Application of the Act and subordinate statutes on fact-finding survey report and accident scene photographs;

1. Article 5-3 subparag. 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 (the point of failing to take measures after the accident)

1. Selection of a fine for selective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is a case where the defendant causes contact accidents and damages to the scene without taking any measures, and thus, the criminal liability for the crime itself is not minor.