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(영문) 광주지방법원 2016.10.20 2016고단3291

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 a cargo vehicle B ton.

On July 27, 2016, the Defendant driven the above cargo vehicle around 20:45, and proceeded at a speed of about 30km/h of speed from the Rocheon Reservoir to the CBS broadcasting station along three lanes in front of D industrial company in Gwangju Seo-gu.

At that time, there was a car going on the same lane at the front of the vehicle, so there was a duty of care to accurately operate the steering direction and operating system of the vehicle and to prevent the accident in advance by properly examining the front and rear left.

Nevertheless, the Defendant neglected to do so and led the victim E (the age of 50) who was driving on the front side due to the negligence of driving the F bargaining car, which was driven by the victim E (the age of 50). The Defendant shocked against the Defendant’s cargo vehicle in front of the cargo vehicle, and caused the victim G (the age of 44) who was driving on the front by the shocking car, and caused the victim G (the age of 44) to shock.

As a result, the Defendant: (a) caused the injury of salt, tensions, etc. to the victim E (the age of 50) in front of the border that requires approximately two weeks of medical treatment; and (b) suffered injury to the victim G (the age of 44) such as salt, tensions, etc. in need of medical treatment for about two weeks; (c) at the same time, the Defendant got approximately KRW 719,739 of the repair cost for the passenger car; and (d) escaped without taking necessary measures, such as immediately stopping the vehicle to approximately KRW 350,000 of the repair cost, even if the Defendant destroyed the vehicle to KRW 350,000 of the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident in E and G;

1. The actual condition survey report;

1. Each written diagnosis;

1. A copy of a written estimate of insurance repair expenses;

1. Application of Acts and subordinate statutes to a report on investigation (in case of physical damage caused by three vehicles involved in an accident),

1. The Criminal Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the Criminal Act concerning the facts constituting the crime;