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(영문) 광주지방법원 2018.05.17 2018고단1045

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

On February 23:12, 2018, the Defendant driven a CSS5 car, and stopped at the right angle of the road near the Sungsan-gu, Gwangju, North Korea, to the northbuk-gu, and was temporarily stopped. In the latter case, the Defendant did not take necessary measures, such as aiding and abetting the victim D (58 years old) due to the negligence attributable to his/her duty of care to safely drive the e-si, even though he/she had been negligent in performing his/her duty of care to safely drive the e-si, the lower part of the front part of the e-si that the e-si (58 years old) used to drive the e-si, which was moving back to the lower part of the said car. At the same time, the Defendant suffered injury, such as salt, tension, etc. of the e-si in need of treatment for about two weeks, and at the same time, the said e-si was destroyed to the extent of 569,688 won for repairing and immediately stopped the e-mail.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate;

1. Written estimate;

1. Each photograph (the No. 4, 14 of the evidence list);

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

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 injury);

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

1. Selection of an alternative fine for punishment;

1. In full view of the following factors: (a) the Defendant committed the instant crime during the period of the suspension of imprisonment for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act, which led to the crime of this case; (b) the Defendant’s mistake was recognized; (c) the Defendant did not focus on the damage caused by the instant crime; and (d) the victim did not wish to punish the Defendant; (c) the Defendant’s family members would suffer from excessive difficulties when detained; and (d) the Defendant’s health condition, etc., it is reasonable to give the Defendant an opportunity to live in good faith with being able to live in society only once.