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(영문) 광주지방법원 2017.02.09 2016고단3403

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 a vehicle in C, low-speed.

On May 5, 2016, the Defendant driven the above vehicle at around 08:10, while driving the vehicle at around 08:10, there is a heavy weight in the 153-ro of Nam-gu, Chungcheongnam-gu, Seoul. However, the Defendant proceeded at a speed of about 40 km/h in the speed of speed in the direction of realizing the road near the rear three-lane of the green apartment.

In order to make a left-hand turn at the front of the three-distance intersection, there was a duty of care for the driver of the motor vehicle to operate the steering gear and brakes accurately while thoroughly operating the steering gear and brakes.

Nevertheless, the Defendant was negligent in neglecting this and received the rear part of the vehicle above as the front part of the Defendant’s driving.

Defendant 1 suffered a salt of a shoulder pipe that requires approximately two weeks of medical treatment due to such occupational negligence, and at the same time, Defendant 1,228,775 won of repairing expenses, such as the exchange of a pan-person with a pan-motor vehicle, and escaped without taking necessary measures, such as immediately stopping the vehicle and providing relief to the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A survey report on actual conditions;

1. A medical certificate;

1. Written estimate;

1. Application of traffic accident evidence examination and photographing statutes;

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 (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

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

1. Selection of an alternative fine for punishment;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the custody of the workhouses is that the defendant escaped without any action against the accident, or the victim’s injury is an unfavorable circumstance.