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(영문) 인천지방법원 부천지원 2018.09.07 2018고정508

특정범죄가중처벌등에관한법률위반(도주차량)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

The Defendant is a person who is engaged in driving of Lone Star or Gohap.

On April 3, 2018, the Defendant driven the above vans around 18:40 on April 3, 2018, and proceeded with the shooting distance of the apartment in the Young-ro, 106, Seocheon-ro, Seocheon-si, Seocheon-do, with the shooting distance of the middle school in the Da-do.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely maintain the signal and prevent the accident by driving the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and led the victim D (67 ) who was entering the intersection in accordance with the passage signals from the right side of the said car by occupational negligence entering the front-side red signal, and went through the intersection in accordance with the passage signals, and the part behind the driver's seat of the Ebera cruise car was shocked with the front part of the said car.

Ultimately, the Defendant suffered injury to the victim, such as light salt in need of medical treatment for about two weeks due to the above occupational negligence, and at the same time, the Defendant escaped without taking appropriate measures, such as immediately stopping the panion part of the said beer cruise car while destroying the 780,248 won to repair the panion part of the said beer cruise car, and providing assistance to casualties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A survey report on actual condition (1) (2);

1. Images related to accidents;

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, Articles 148 and 54(1) of the Road Traffic Act (the occupation of a measure not taken after an accident);

1. Articles 40 and 50 of the Criminal Act (only between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crimes of violation of the Road Traffic Act (not later than the accident);

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.