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(영문) 인천지방법원 2017.02.02 2016고단8090
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 of C earth vehicles.

On September 9, 2016, around 01:50, the Defendant driven the front road of 8 LG electronic in the territory of the Nam-gu Incheon Metropolitan City along the four-lanes between the four-lanes in the direction of a shooting distance in the direction of a drawing.

In this case, the driver of the vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent the accident.

Nevertheless, the Defendant neglected to do so and proceeded with the Defendant’s negligence, which led the victim D (the 33-year-old driver’s seat) waiting at the above 4-lane, to shock the front part of the Defendant’s vehicle with the front part of the string of the vehicle.

The Defendant: (a) caused the victim F (V, 27 years of age) who was accompanied by the said occupational negligence on the part of the victim D and the said small vehicles; (b) at the same time, the victim F (V, 27 years of age) suffered injuries, such as cryp flocks, etc. requiring treatment for each two weeks; and (c) at the same time, destroyed the said rocketing vehicle owned by the victim G to take measures such as providing relief to the damaged person by immediately stopping the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or H;

1. A written statement;

1. A survey report on actual conditions;

1. Each and medical certificate;

1. Written estimate;

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

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning criminal facts (the point of absence of measures after an accident) under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of absence of measures after an accident);

1. Articles 40 and 50 of the Criminal Act (the punishment prescribed for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against D, the most severe punishment and punishment for each of the above crimes)

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 order of provisional payment;

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