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(영문) 서울서부지방법원 2018.04.19 2018고단42

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

Defendant shall be punished by a fine not exceeding eight million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of the Category B New Fexton car.

On November 13, 2017, the Defendant operated the said New Fextonton car on November 21, 2017, and came to turn to the left at an unexpected speed at the university of arts from the area of subway 2 lines to the area of the estimated art in front of the 59 North Asia's current Public Security Center in Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

At the time, it was night and non-working, and there was an intersection where a yellow flickering signal was installed, so in such a case, a person engaged in driving of a motor vehicle had a duty of care to reduce speed and properly manipulate the right and the right and the right of the motor vehicle and prevent the accident in advance by accurately manipulating the steering gear and the brake system.

Nevertheless, the Defendant neglected to do so and proceeded with the front door without examining it, and had the victim go beyond the floor by taking the front wheel part of the D substitute-si driving D, which was driven by the victim C ( South, 55 years old) who was in the active air defense of subway No. 2 lines in the direction of the car driving of the said Newsch Rexn, from the direction of the car driving of the said Newschnton.

Ultimately, the Defendant, by negligence in the course of performing the above duties, caused the victim to suffer a loss of light that requires approximately two weeks of medical treatment, and at the same time, did not immediately stop and take necessary measures, such as aiding the damaged person, even though the Defendant destroyed the above Oral Ba, which is owned by the victim, with the repair cost of KRW 615,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

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

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. Trade name;