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(영문) 대전지방법원 홍성지원 2018.02.01 2017고정264

특정범죄가중처벌등에관한법률위반(도주치상)등

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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 also is a person who is engaged in the operation of the bareboat cargo vehicle.

On March 9, 2017, the Defendant driven the above vehicle on March 19, 2017, and driven the front of the road D at Boh City, at the speed of about 20 km from the upstream to the breadth of the death.

Since the width of a road was narrow side, in such a case, the driver of the motor vehicle has a duty of care to accurately operate the steering system, brakes and other devices of the motor vehicle and to safely drive the motor vehicle in a safe manner in the traffic situation of the road and prevent the accident in advance.

Nevertheless, the defendant was negligent in driving his vehicle while driving the vehicle on the front side of the defendant's vehicle by negligence and driving the victim FF (F, 33 years old) who was standing in order to keep the traffic situation in the front of the vehicle.

G SP car was found to be late to avoid the accident and was received the back part of the damaged vehicle in front of the defendant's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as a scarke, which requires a five-day medical treatment due to the above occupational negligence, and at the same time, the Defendant escaped without immediately stopping a traffic accident that damages a sum of 294,000 won for repair expenses, and without taking necessary measures, such as checking damage caused by the said damaged vehicle, and providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the police with regard to F;

1. Report on the occurrence of a traffic accident;

1. A written diagnosis of injury to the F;

1. Application of the written estimate 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, 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 Criminal Procedure Act of the Provisional Payment Order.