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(영문) 대전지방법원 2017.09.12 2017고정840
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 Bchip car.

On April 23, 2017, the Defendant driven the above car on April 23, 2017, and proceeded at approximately 80 km each hour from the opposite side to the nearest four-lane from the nearest four-lane.

At the time, it was difficult to keep the center around the night, so the driver had a duty of care to live well on the right and the right and the right, and to operate the brake in a safe manner by accurately operating the brake.

Nevertheless, due to the negligence that the Defendant neglected to operate the brake system accurately, the Defendant received the part of the back part of the victim C(WW 27 years old) driving DK5 passenger car which was stopped in the same direction from the front side of the vehicle in the same direction as the front part of the passenger car of the Defendant.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim E (V, 26 years old) who was boarding the said K5 car, respectively, in need of approximately two weeks of medical treatment, and at the same time escaped without taking necessary measures, such as stopping a traffic accident that causes damage to the level of KRW 679,886 of the repair cost, such as exchanging the said K5 car back to the back pande, and saving the damaged.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement protocol;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes of specifications of automobile maintenance;

1. Article 5-3 subparag. 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 former Road Traffic Act (Amended by Act No. 14356, Dec. 2, 2016) as to the crime under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of absence of measures after an accident)

1. The crimes provided for in Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes Act (a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims C with the largest punishment and punishment).

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