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(영문) 인천지방법원 부천지원 2016.11.29 2016고단1492
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of 6 million won.

If 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 CM5 car.

On April 23, 2016, the Defendant driven the said car on April 22:31, 2016, and stopped at a point 7.3 km from 77.3 km on the Honam Highway in the Yong-dong in Gwangjubuk-gu, Gwangju, along the two-lane roads in the direction of mountain.

At night and at the rapid speed of vehicles, it is a road driving on the expressway. In such a case, a person engaged in driving service has a duty of care to prevent accidents by driving an emergency, etc. on the road so that it does not interfere with other vehicles operating on the expressway, stopping on the side, and operating the brakes with the operation of the system, so that the vehicle is not fast down.

Nevertheless, the Defendant, while neglecting such duty of care, set up the said car over a one-lane and a two-lane, without turning an emergency, etc., and failed to properly operate the car, thereby making the victim D (W), who was making a stop later than the lower part of the said car, was able to receive two times the front part of the E Kaman Kaz., which was driven later by the victim D (W, 40 years old).

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury by light fat, etc., which requires treatment for about one week, and at the same time escaped without any necessary measures such as aiding and abetting the said fat to the extent that the repairing cost, such as repairing the front fat, was damaged to the degree of about 4.50,00 won.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Statement by the prosecution concerning D;

1. A report on the occurrence of a traffic accident, a report on the actual condition, a traffic accident scene photograph, a black fluore photograph;

1. A copy of a written estimate and a written diagnosis;

1. Application of Acts and subordinate statutes to a report on investigation (verification, such as receipt of a statement, in currency with the victim);

1. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed.

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