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(영문) 인천지방법원 2017.08.16 2017고단3349
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 of a C car.

On March 13, 2017, the Defendant, around 01:29, proceeded in the direction of the distance of the player village from the shooting distance of sand village to the intersection of the 746 small long-term distance of old-gu, Nam-gu, Incheon Metropolitan City.

At the time, there are nights and places where the center line is installed, so it was a duty of care for those engaged in driving service to live well on the right and the right and the right, and to safely operate the car line.

Nevertheless, the Defendant was negligent in driving a central line which caused the Defendant's failure to stop along the signal atmosphere from the opposite direction to the running direction of the Defendant, and received the front portion of the victim D(W, 37 years old)'s E-Cricked Vehicle in front of the left side of the Defendant's vehicle.

Ultimately, the Defendant, due to the above occupational negligence, sustained an injury to the victim, such as catum salt, etc. requiring a medical treatment for about five weeks, and at the same time, even though the Defendant destroyed a car owned by the victim to bring about KRW 2,453,00, the Defendant left the vehicle and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to a criminal investigation report, a detailed statement of an estimate attached thereto, a criminal investigation report (investigation into the records of medical treatment of the victim), and a medical certificate attached thereto, and an additional medical certificate;

1. Article 5-3 (1) 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 the injury from duty) and Article 148 and Article 54 (1) of the Road Traffic Act (the point of non-measures after the injury) concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, for which any punishment is more severe) for the ordinary concurrent crimes;

1. Selection of an alternative fine for punishment;

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

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