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(영문) 대구지방법원 포항지원 2017.04.26 2017고정29
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 B-Scar car.

On September 26, 2016, the Defendant driven the above car at around 06:20 on September 26, 2016, and was in the direct operation of the police box in the direction of the police box in the direction of the police box, which is located on the front of the 208 Tri-ro 208 Mapo-ro, Nam-gu, Southern-gu

Since the location is a road in the range of private streets in which a signal, etc. is installed and operated, in such a case, a person engaged in driving a motor vehicle has a duty of care to look at the right and the right and the right, and to proceed in accordance with the new code.

Nevertheless, the Defendant neglected to do so, due to the negligence of entering the intersection in contravention of the signal, and conflict with the part above the left-hand part of the victim Da QM3 car, which entered the intersection in accordance with the straight distance direction invoked from the private distance of the border environment at that time, with the right-hand part of the Defendant vehicle.

Ultimately, the Defendant, by occupational negligence, sustained injury to salt, tension, etc. in front of the light that requires approximately two weeks of medical treatment to the victim, and, at the same time, escaped even though the Defendant immediately stopped the damaged vehicle to check the damage situation and take necessary measures, such as providing rescue to the victim, if the damaged vehicle damaged property by KRW 7,837,305, the repair cost of the damaged vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. A written diagnosis and written estimate;

1. Application of statutes on site photographs;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of failing to take measures after the accident)

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

1. Selection of an alternative fine for punishment (the agreement with the victim and being subscribed to the comprehensive motor vehicle insurance, the primary offender, and other factors such as the defendant's age, environment, etc.);

1. Attraction of a workhouse;

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