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(영문) 인천지방법원 2017.07.13 2017고단3899
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 a radar car.

On December 31, 2016, around 08:50 on December 31, 2016, the Defendant operated the 14-lane in front of the Incheon Gyeyang-gu apartment, and the 2-lane in front of the Taepyeong apartment, from the direction of the traffic park, one lane from the side to the present elementary school.

Since the vehicle in the signal waiting at the front of the intersection was stopped, there was a duty of care to prevent accidents by driving the vehicle by reducing the speed and thoroughly displaying the front.

Nevertheless, due to the negligence that the Defendant neglected this and proceeds without reducing speed, the Defendant was driven by the victim C (Woo, 56 years old) who was in the atmosphere of the signal at the same lane on the above road, following the Drocketing car driven by the Defendant.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim C, such as an unknown light signboard failure requiring treatment for about four weeks, and at the same time, avoided repair costs of KRW 1,390,628 to the extent that the said repair costs were damaged, and escaped without taking necessary measures, such as stopping, and providing relief to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A E-document;

1. A traffic accident report and a traffic accident report;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 54 (1) of the Road Traffic Act (the point of escape after the injury of occupational negligence), Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the point of absence of 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 first offender, as well as an agreement with the victim, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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