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(영문) 창원지방법원 2018.05.10 2018고단606

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

Defendant shall be punished by a fine of five 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 motor vehicle with sod motor vehicle B.

On February 10, 2018, the Defendant driven the above car around 01:00 and proceeded ahead of the road, such as the 219 white apartment signal, at the city of Kimhae-si, at a speed that is impossible to identify the speed of the road from the surface of the tunnel to the surface of the road of the Gusansan-ro.

In such a case, the Defendant, who is engaged in driving a motor vehicle, has a duty of care to check the safety of the course and prevent accidents by driving the motor vehicle in advance by checking well the right and the right and the right of the vehicle.

Nevertheless, the Defendant neglected this and continued to drive at the same speed while driving a stroke, and the Defendant was behind the victim's driver's vehicle due to the front part of the vehicle operated by the Defendant.

The Defendant, by such occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in the light that requires approximately three weeks of medical treatment, and at the same time, destroyed the victim’s driver’s car to have an amount equivalent to KRW 679,461, but did not immediately stop and abscond without taking measures such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a traffic accident report, written estimate, and written diagnosis;

1. Article 5-3 (1) 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 concerning the crime (the act of not taking measures after the destruction of goods)

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. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, has caused a traffic accident to the victim.