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(영문) 수원지방법원 안산지원 2017.11.01 2017고단2762

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 B-learning car.

On September 6, 2017, the Defendant driven the above vehicle at around 02:44, and driven the two-lane road in front of the gas station in C at Si interesting City, from Incheon to Suwon City, the Defendant driven the two-lane road at about 60-70km each hour from the Incheon City.

At the time, the center line of the yellow solid line is installed at night and there is a place where the yellow solid line is installed. In such a case, the part of the fenced front of the driver's seat and the part on the left side of the defendant person's vehicle, which was driven by the victim E (42 tax) who was driven by the center line at the first lane of the opposite Madern due to the negligence of the driver's negligence while neglecting the duty of care to safely operate the wheel line, even though there was a duty of care to safely operate the wheel line.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in light of the 2 week medical treatment. At the same time, the Defendant, at the same time, escaped without taking necessary measures, such as immediately stopping the said 2 freezing 1,425,00 won, while destroying the said 2 freezing 3,425,00 won, such as leaving a c,425,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of E;

1. Written estimate;

1. A fact-finding survey report and a traffic accident occurrence report;

1. Application of Acts and subordinate statutes to photographs of each damaged vehicle boom image and photographs of each damaged vehicle;

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 (the point of non-measures after the injury from duty) 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(1) of the Criminal Procedure Act or more of the Provisional Payment Order.