(영문) 대구지방법원 2018.06.22 2018고정72

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(영문) 대구지방법원 2018.06.22 2018고정72

특정범죄가중처벌등에관한법률위반(도주치상)등

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

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a car in Dtra XG.

On December 10, 2017, the Defendant, at around 07:00, proceeded in two lanes between three lanes at the speed of about 60-70 kilometers in Si speed from the four-distance boundary to the new intersection of the city.

The driver of a motor vehicle has a duty of care to check the safety of the front side and the right and the right and the right of the motor vehicle, to accurately operate the steering and the operation of the steering system, and to prevent the accident from occurring.

Nevertheless, while the Defendant neglected to do so and proceeds without fulfilling his duty at the front of the Defendant’s vehicle, the Defendant left the front part of the Defendant’s vehicle - (n, 56 years old) driver’s vehicle - with the Fast of the victim E (n, 56 years old) in front of the Defendant’s vehicle, and moved the front part of the Defendant’s vehicle.

As a result, the Defendant, by the foregoing negligence, sustained injury to the victim, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks, and at the same time, escaped without immediately stopping the victim and taking necessary measures, such as providing relief to the victim, even though the repair cost equivalent to KRW 427,313, such as exchange of frierers, was damaged to the extent that the victim’s vehicle was damaged

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the protocol concerning the interrogation of the police officers against the accused;

1. Statement made by the police for E;

1. A written diagnosis and written estimate;

1. A survey report on actual condition and photographs of damaged vehicles;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

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, Articles 148 and 54(1) of the Road Traffic Act (the occupation of measures not taken after an accident);

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

1. Selection of an alternative fine for punishment;

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의3 제1항 제2호

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