logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.01.18 2017고단6345
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-priced car.

On November 7, 2017, the Defendant driven the above car at around 06:15, and continued the intersection in front of Daegu Suwon-gu C from the same-sex elementary school along the one-lane road of the children's hall at the same-sex elementary school.

At the time, it was a four-distance intersection where no signal apparatus was installed, and thus, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle, such as: (a) a person engaged in driving the motor vehicle, who is well sees the right and the right; and (b) a person who has already entered the intersection, if there is another motor vehicle

Nevertheless, the Defendant neglected to do so and entered the intersection without doing so and without doing so, and by the negligence of entering the intersection, received the back part of the victim D(46) driving on the left side of the direction of the Defendant’s vehicle in front of the Defendant’s vehicle.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as dump for three weeks in need of medical treatment, and at the same time, destroyed the cost of repair, such as the exchange of fish at the right side of the victim’s automobile so that the amount equivalent to KRW 2,504,458, and escaped without immediately stopping and taking necessary 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 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;

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

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act - the circumstances disadvantageous to the defendant.

arrow