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(영문) 광주지방법원 순천지원 2017.06.23 2017고단516
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 B-Pad PPler.

On March 3, 2017, the Defendant driven the above car at around 00:15, and driven the bus at a speed that would not be known by one lane from the side of the Gangnam Hospital to the front of the bus terminal, among those located at the center of 62 Manyang-ro, the Defendant continued to drive the bus at a speed that would not be known by one lane.

At the time, there is an intersection where signal lights are installed at night and at the front door, so there was a duty of care to check whether there is another vehicle standing in order to reduce speed and properly see its surroundings, and to accurately manipulate the steering and brake system to prevent accidents in advance.

Nevertheless, the Defendant did not neglect this at a speed, and did not look at the front side of the vehicle, and found at the D SP-type D-Motor vehicle of the victim C (Y, 58 years old) who was parked in the front side at a late time for signal waiting at the front side by negligence of driving the vehicle without neglecting it, and received the part back to the right edge of the above SP-type vehicle.

As a result, the Defendant suffered injury to the victim, such as catum salt, which requires treatment for about two weeks by occupational negligence as above, and at the same time, the Defendant escaped without taking necessary measures, such as stopping, and saving the damaged party, even though the repair cost of KRW 956,228, such as the exchange of cats, was damaged to the degree of 956,228.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of a medical certificate;

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 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. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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