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(영문) 서울중앙지방법원 2018.11.14 2018고단3971
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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 halog car.

On April 7, 2018, the Defendant driven a halog car around 18:40 on April 7, 2018, and driven a halog car with a shooting distance of 3104 in South-gu Seoul, Gangnam-gu, Gangnam-gu, Seoul, with a shooting distance from the wall of the shooting distance of the Jinsung apartment.

At the time, the victim D(25) driving on the front section of the halog car was in operation in accordance with the new code, so the defendant engaged in the driving of the vehicle has a duty of care to care to take the front left and right and to prevent traffic accidents by driving the vehicle.

Nevertheless, the Defendant neglected this and caused the damage caused by the negligence of driving a halog car on the right side of the damaged halog vehicle.

As a result, the Defendant suffered injury to the victim, such as dump dump, tensions, etc. requiring a medical treatment for about three weeks, and at the same time, destroyed the dump vehicle to have approximately KRW 15,00,000 for repair expenses, and did not immediately stop the vehicle to rescue the damaged, and escaped from the site without taking measures such as providing relief to the injured party.

Summary of Evidence

1. Defendant’s legal statement

1. Statement made D;

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

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 selective fine for punishment (Confession, agreement, record of crimes, etc.);

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

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