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(영문) 수원지방법원 2017.06.14 2016고정3193
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 low-priced car.

On September 16, 2016, the defendant made the right turn to the left in the direction of the water station at the surface of the waterside from the breadth of the road at the front of the Dong-dong-dong, the road crossings of the road at the front of the water zone at the Han-si.

The driver of any motor vehicle shall correctly operate the steering system, brakes and other devices of his/her motor vehicle and shall be prohibited from driving his/her motor vehicle at a speed and in a manner that may cause any danger and impediment to other persons, depending on the traffic conditions of the road and the structure and performance of his

Nevertheless, the Defendant neglected the duty of care on the front side of the driver’s vehicle of the victim F(F, South, 73 years old) driving by negligence on the part of the driver’s vehicle in the front side of the driver’s vehicle of the Defendant, leading the driver to the front side of the driver’s vehicle.

As a result, the Defendant, by such occupational negligence, committed an injury to the victim F, to the victim He in need of approximately two weeks of medical treatment, and suffered injury to the victim H (V, 69 years of age) who was on the top of the victim’s driving vehicle, in the light of the chill and the tension requiring approximately two weeks of medical treatment. At the same time, the Defendant destroyed the vehicle to cover repair costs equivalent to KRW 2,735,726, and escaped at the site without any measures such as immediately stopping the vehicle and providing relief to the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and H;

1. The written statement of the defendant;

1. The actual investigation report on traffic accidents;

1. Each written diagnosis and written estimate;

1. Application of Acts and subordinate statutes concerning harming vehicles booms, images, and photographs of damaged vehicles;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after occupational injury and injury) concerning the crime;

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

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55(1)6(i) of the Criminal Act for mitigation of quantity (in the event of initial crimes, reflectivity, and comprehensive insurance).

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