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(영문) 인천지방법원 2017.09.20 2017고단2112

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Crane car.

On February 26, 2017, the Defendant driven the above car at around 03:10, and continued to drive a four-lane of 84.8km at a point of 84.8km in the direction of the board intersection of the outer-gu Seoul metropolitan Highway along the two-lanes in the face of the air.

E. At the front of the Defendant, the passenger car was under way with the victim D(37) E-car, and thus, the driver of the vehicle had a duty of care to maintain the safety distance with the front vehicle and to prevent the collision and other accidents by safely driving the steering gear and operating the steering gear accurately.

Nevertheless, the defendant neglected this and proceeded with the part of the defendant's driver's car, which was the last part of the driver's seat of the defendant's driver's car, and the latter part of the victim's driver's car was shocked.

Ultimately, the Defendant caused injury to the victim D by the above occupational negligence to the victim D, such as the right shoulder, tension, etc., which requires approximately two weeks of treatment, and at the same time, the Defendant destroyed the repair estimate of the cyber vehicle to cover approximately KRW 3,122,80,00 from the repair estimate of the cyber vehicle using the above rash, and escaped without taking necessary measures, such as relief, at the site.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the traffic accident report (the actual survey report), each photograph, diagnosis certificate, quotation, investigation report (the application of the aforementioned dmark formula);

1. The point of view of the relevant provision of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 54 (1) of the Road Traffic Act: Article 148 and Article 54 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70 of the Criminal Act to attract a workhouse.