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(영문) 수원지방법원 2017.04.18 2016고단8072

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The defendant is a person who is engaged in the operation of a B beer cruise cruise car.

On November 2, 2016, the Defendant driven the above vehicle at around 23:10, and proceeded with the first lane of the four-lanes in front of the shooting distance in the department department department at the lower-class roadways. On November 2, 2016, the Defendant driven the above vehicle from the lower-class roadways to the lower-class roadways.

At the time, the opposite direction of the defendant's vehicle was that the victim C(27) driver's DNA driver's DNA driver's DV driver's vehicle was a waiting signal, so in such a case, a person engaged in driving service has a duty of care to ensure safety distance and drive safely.

Nevertheless, under the influence of alcohol, the Defendant received the front part of the right side of the victim's vehicle as the front part of the left side of the Defendant's vehicle due to the negligence of neglecting it and driving on the left side.

As a result, the Defendant suffered from each injury, such as salt, tension, etc., in need of two weeks’ medical treatment on the part of the above victims and victims E (V, 28 years of age) who were on board the damaged vehicles due to the above occupational negligence, and at the same time, the Defendant escaped without taking measures, such as stopping the damaged vehicles to cause damage to KRW 953,401, and providing relief to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement related to each traffic accident in C and E;

1. The actual survey report and photographs;

1. Each written diagnosis;

1. Written estimate of insurance repair costs;

1. Application of Acts and subordinate statutes to a report on investigation (a CCTV analysis for a vehicle);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 54 (1) of the Road Traffic Act concerning the crime (the point of failing to take measures after an accident) of the relevant Act concerning the crime;

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;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.