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(영문) 광주지방법원 순천지원 2018.08.31 2018고단1125

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 engaged in driving C-Scar cars.

On April 11, 2018, the Defendant driven the above car at around 01:35, and proceeded to turn to the left on the left at the right side of the road of three-lanes near the Seoyangyang-gu, Seoyangyang-gu, Seoyangyang-gu, by driving the above car at around 01:35.

At the time, at night and at the front, there was an intersection in which traffic is controlled by signal apparatus, so in such a case, there was a duty of care to see the front door as a person engaged in driving of a motor vehicle and safely proceed in accordance with good faith.

Nevertheless, the defendant neglected this and caused the injured party E(48 tax) who driven the right-hand apartment on the north side of the driving direction of the defendant by driving the Dff New E(48 tax) on the right-hand apartment, and proceeded under the New E(48 tax) in order to avoid a conflict with the defendant's car, thereby allowing the injured party to move to the right-hand side.

Ultimately, the Defendant suffered injury, such as salt panion, etc., to the victim for about two weeks of medical treatment due to occupational negligence as above, and at the same time, the Defendant, even though having damaged the above 385,00 won to repair it, immediately stopped and escaped without taking necessary measures to rescue the damaged person or prevent danger on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Video CDs;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic 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. Article 334 of the Criminal Procedure Act of the Provisional Payment Order