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(영문) 창원지방법원 밀양지원 2018.10.18 2018고단401
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 engaging in driving a rocketing car.

On May 28, 2018, the Defendant driven the above rocketing car at around 08:55, and driven the above rocketing car at the right speed, and driven one lane between the two lanes at the 38km south of the Central Highway, Daegu, and the 38km road at the right speed.

In this case, the driver has a duty of care to thoroughly perform the duty of care on the front side, and to accurately operate the steering and brakes, thereby complying with his/her own lane and preventing conflicts with other vehicles.

Nevertheless, the Defendant, while driving on a stroke, was driven by the Defendant at the front part of the Defendant’s driving of the victim C (the 59-year-old driver), which was driven by the two-lanes of the said road, (the 59-old driver).

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim C, such as “finites and tensions,” which requires approximately two weeks of treatment, and inflicted injury on the victim E (65 years of age) who is a passenger of the said A-to-fined vehicle, such as “einites and tensions,” which requires approximately two weeks of treatment, and escaped without taking measures such as aiding and abetting the victim F (51 years of age) who is a passenger of the said A-to-fined vehicle, for approximately two weeks of treatment, including “einites and tensions,” which require approximately two weeks of treatment. At the same time, the Defendant destroyed the said A- to-find vehicle with a view to KRW 71,786 of repair costs, including replacement and maintenance of the back find vehicle, and immediately stopped the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to C, E, and F;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of the written estimate for damaged vehicles;

1. Article 5-3 (1) 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 Road Traffic Act, as to the crime committed under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the death or injury caused by traffic);

1. The Commercial Concurrent Crimes Act.

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