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(영문) 청주지방법원 2019.02.14 2018고정709

특정범죄가중처벌등에관한법률위반(도주치상)

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 drives a frighting passenger car B.

On September 14, 2018, the Defendant driven the above vehicle on September 14, 2018, and driven the road in front of the Seowon-gu, Seowon-si, Seowon-si, in the way of the smooth-hurbing room from the Yong-dong room to the one-lane road.

In such cases, a driver has a duty of care to thoroughly see the front side, accurately operate the steering and brake system, to prevent the occurrence of an accident by safely operating it.

Nevertheless, the defendant neglected this and proceeded in the front direction of the defendant and received the back portion of the victim D(54 years old, south) E 5 taxi vehicle driving in the same direction of the defendant.

Ultimately, due to the Defendant’s occupational negligence, the victim D (the 54-year old-old) suffered injury, such as chille, tensions, etc., in need of medical treatment for about two weeks, and the victim F (the 51-year-old age-old) who was on board the back seat of the said K5-si vehicle, without taking measures, such as providing relief to the victim, even though the victim was injured by an chilled chillum that requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. An accident site photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime committed;

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

1. Selection of punishment: Selection of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;