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(영문) 서울북부지방법원 2017.05.18 2017고단302

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

Defendant shall be punished by a fine of 6 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 C-A-hurd motor vehicle.

On December 30, 2016, the Defendant driven the above car on December 30, 2016, and led the road of four lanes in front of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, Nowon-gu, Nowon-gu, to go straight along three-lanes from the direction of the Dobong Police Station to the Nowon-gu Station.

At all times, there are an intersection where signal lights are installed, so the driver of the vehicle has a duty of care to reduce speed and to safely drive the signal and the right and the right and the right of the signal and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and neglected to stop in the front direction of the vehicle, and was driven by the victim D(62 tax) who was waiting in the front direction of the signal while standing in the front direction of the vehicle. The Defendant was driven by the front part of the vehicle driven by the Defendant after the Estst Gun cab, which was driven by the Defendant.

Ultimately, the Defendant, by occupational negligence, escaped without taking necessary measures, such as aiding the victim, by taking advantage of the gap in the report 112, while causing injuries to the victim F (the 38 years old) who was on board the said victim’s taxi in need of approximately two weeks’ medical treatment. At the same time, the Defendant destroyed the said rocketing taxi in order to cover repair costs equivalent to KRW 630,364, and thereby destroying the said rocketing taxi, and escape without taking necessary measures such as aiding the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of photographic Acts and subordinate statutes, such as a survey report on actual condition, vehicle involved in accidents, etc., written diagnosis and written estimate;

1. Article 5-3 (1) 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 criminal facts (the point of absence of measures after an accident) under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of absence of measures after an accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70 of the Criminal Act to attract a workhouse.