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(영문) 창원지방법원 2018.08.23 2018고단1261
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

On March 5, 2018, the Defendant, as a driver of the Category DWW car, changed the lane to one lane while the Defendant was driving along the two-lanes of the two-lanes from the original bank to the original bank in the vicinity of the tunnel at the Changwon-gu, Busan Metropolitan City, the Changwon-gu, the Changwon-si, the Changwon-si, the Changwon-si, the Changwon-si, the Changwon-si, the Changwon-do.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive a motor vehicle by accurately operating the steering gear, steering gear, and brakes.

Nevertheless, the Defendant’s negligence while changing the vehicle line without neglecting the above duty of care, which led to the Defendant’s failure in moving the vehicle line into the front part of the Defendant’s vehicle, followed by the FSP car volume of the Victim E (FSP 60 years old) driving in the direction of the vehicle.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim, such as salt pans, tensions, etc., requiring medical treatment for about three weeks, and at the same time, even though the Defendant destroyed the FSP car amounting to KRW 250,000, such as the repair cost for the victim’s panscam car, and then escaped without taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. A medical certificate;

1. Written estimate;

1. Application of statutes on site photographs;

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. 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 is the time of and against the crime, and it is due to the health problems of the defendant.

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