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(영문) 광주지방법원 2018.01.09 2017고정1680
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 car in the C SP area.

On September 28, 2017, at around 12:35, the Defendant changed the course to three-lanes while driving along the two-lanes from the intersection to the intersection from the intersection of the south-gu Seoul metropolitan area.

In such cases, a driver shall not change course when he/she is likely to impede normal traffic of other vehicles running in the direction of the change, and he/she has a duty of care to safely change the lane in advance to prevent accidents.

Nevertheless, the Defendant neglected this and neglected to change the lane to the right-hand side of the Defendant’s driving vehicle into the right-hand side of the Defendant’s driving vehicle of the Victim F(F, 32 years old) driving in normal conditions at the rear side of the three-lane.

Defendant 1 suffered injuries, such as salt and tensions, which require approximately two weeks of treatment to the victim in the above occupational field and room, and at the same time, the damaged vehicle was damaged by the repair cost of KRW 1,091,498 and escaped without taking measures, such as providing relief to the injured party by stopping.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A survey report on actual conditions;

1. On-site and photographs of accident vehicles;

1. A medical certificate;

1. Application of the written estimate statutes;

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 the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

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

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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