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(영문) 부산지방법원 동부지원 2021.01.20 2020고단2361

특정범죄가중처벌등에관한법률위반(도주치상)등

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Defendant shall be punished by a fine of KRW 10 million.

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 K3 cars.

On August 18, 2020, the Defendant driven the above car at a speed of 23:03, and driven the road of 2 lanes in front of the D station in Suwon-gu, Busan, with the two-lanes, driven from the apartment side to the F elementary school at a speed of the speed unspeed.

At the time, there are nights, and there are three-distance crossings where signal lights are installed, so in such cases, there was a duty of care to prevent accidents by driving a motor vehicle with a view to her discretion and safely driving the motor vehicle.

Nevertheless, the Defendant, by negligence, neglected to stop at the front line of the same lane, was driven by the victim G(48 S) who was stopped under the stop signals at the front line of the same lane on the front line of mast, and received the part of the Defendant’s vehicle as the front part of the passenger car.

As a result, the Defendant suffered from an injury to the victim in light of the climatic salt that requires medical treatment for about two weeks due to occupational negligence as above, and at the same time, the Defendant destroyed the victim’s taxi to have an amount equivalent to KRW 642,145, such as the exchange of f42,145, and escaped without taking necessary measures, such as providing relief to the injured party by immediately stopping the taxi.

Summary of Evidence

1. Application of Acts and subordinate statutes on video CDs related to accidents, such as a traffic accident report by the police in relation to the defendant's legal statement G, (1), (2), and a written estimate and medical certificate related to accidents;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act (the occupation of a measure not taken 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(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, does not take any measures to prevent traffic accidents.