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(영문) 인천지방법원 2017.07.20 2017고단3747
특정범죄가중처벌등에관한법률위반(도주치상)등
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Defendant shall be punished by a fine of KRW 4,000,000.

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 Branchising vehicles.

On May 10, 2016, the Defendant driven the said vehicle without obtaining a driver's license of the said vehicle, and led to the passage of the access road to the highway south-dong, Incheon, Namdong-gu, Incheon, to the second border border road, along the area of the Southern East-do, along the unfluened speed.

At the time, since the location of the vehicle was influence, there was a duty of care to reduce the speed to those engaged in driving business and accurately manipulate the brake system to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and negligently got the back part of the right side of the victim C(40) driver's drive C(31 ton of the cargo) that is proceeding on the front side of the Defendant, and continued to proceed in front of the left side of the Defendant's vehicle, and received the back part of the victim E(36 years old) driver's driving that is proceeding on the front side of the Defendant and continued to proceed in front of the Defendant's vehicle.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim C, such as light salt, etc. requiring approximately two weeks of medical treatment, and suffered injury to the victim E, such as dynasium and tensions of the bones of wood, requiring approximately two weeks of medical treatment. The Defendant immediately stopped the victim E’s vehicle and escaped without taking measures, such as aiding and abetting the damaged person, even though the victim E’s vehicle was damaged by the repair cost of KRW 500,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. C’s statement;

1. The driver's license ledger;

1. Application of the Acts and subordinate statutes for reporting respective traffic accidents and internal investigation reports;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 54 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime committed;

1. The Commercial Concurrent Crimes Act.

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