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(영문) 서울남부지방법원 2020.02.13 2019고단4776
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 9, 2019, the Defendant was engaged in driving BS090 large buses, who operated the bus around 00:12 on June 9, 2019, and became to turn to the left from the first line of the third line of the 312 New Tri-ro, Yangcheon-gu, Seoul to the south cycle.

At the time, there was a night and a signal at a place, and thus, there was a duty of care to observe the signal to those engaged in driving of the motor vehicle, and to prevent the accident from occurring in good faith by checking the surroundings.

Nevertheless, the Defendant: (a) caused the victim C to suffer bodily injury, such as a light-line breath in need of approximately three weeks of treatment; and (b) destroyed the victim E (V), who was the passenger of the above taxi, at the same time destroyed the victim’s market price of KRW 6,500,000, while destroying the above taxi in excess of KRW 6,50,000 of the victim’s market price; and (c) destroyed the street lamps, etc. managed by the Yangcheon-gu Office of Yangcheon-gu, 2,845,00, managed by the victim, by making the victim C operate the hand to the right side; and (d) caused the victim C to suffer bodily injury to the light-line that requires treatment for about three weeks; and (d) escaped without taking necessary measures, such as providing relief to the victim, immediately stopping the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. A fact-finding survey report, each black-box image CD, and a report on internal investigation (requesting for vehicle speed);

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

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;

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

1. Selection of an alternative fine for punishment;

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 provides that a provisional payment order shall be issued.

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