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(영문) 인천지방법원 부천지원 2020.04.10 2019고정673

특정범죄가중처벌등에관한법률위반(도주치상)등

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Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing vehicle B.

On May 10, 2019, the Defendant driven the above vehicle at around 23:20 on May 10, 2019, and proceeded with the front road of Busan City, Seocheon-si from Seocheon-si to Samcheon-dong, Incheon.

Since the front door is an intersection where signal lights are installed, the Defendant, who is engaged in driving service, was negligent in performing the duty of care to prevent accidents by accurately manipulating the steering direction and brakes, while neglecting the duty of care to prevent accidents, and was driven by the victim D (the aged 53) who stops in the front door of the signal at the signal line, and received the back part of the mast vehicle as the front part of the Defendant’s vehicle.

The Defendant, by negligence in the course of performing his duties, destroyed the 400,000 won of the repair cost, and left the vehicle immediately without taking necessary measures, such as removing obstacles and risks to road traffic.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. The actual condition survey report;

1. Application of the written estimate statutes;

1. Relevant Articles 148 and 54 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The Defendant in this part of the facts charged is a person engaging in driving a rocketing vehicle.

On May 10, 2019, the Defendant driven the above vehicle at around 23:20 on May 10, 2019, and proceeded with the front road of Busan City, Seocheon-si from Seocheon-si to Samcheon-dong, Incheon.

At this point, it is an intersection where signal lights are installed, so the Defendant, who is engaged in driving service, is negligent in performing the duty of care to prevent accidents by accurately manipulating the steering direction and brakes, while driving in the front section, and the victim D (the 53 years old) who stops in the signal line in the front section.