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(영문) 의정부지방법원 고양지원 2018.09.13 2018고정652
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of four 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 drives a vehicle BM5 vehicle as a duty.

On 03. 01. 01. 18:10 on 18:10 on 01. 03. 01, the Defendant, after being located in the Seosan Seo-gu river line 142, had the front road of 1701 in the valley village run in one way in the direction of the shooting distance of the 3rd Dong community center located on the side of the lake park.

A person driving a vehicle on the road has a duty of care to maintain the distance from the front vehicle and to prevent the accident in advance by safely driving the vehicle.

Nevertheless, the Defendant neglected to drive the vehicle on a flexible basis while driving the vehicle at the same lane, and the part on the back of the victim C (33 cc, inn) driving of the vehicle at the same lane was shocked by the front part of the vehicle of the Defendant.

The Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in the 2-day therapy, and at the same time, did not immediately stop the vehicle and run away without taking measures such as providing relief to the injured party, even though the Defendant damaged the property equivalent to KRW 352,427 in the estimate of the repair of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement No. C made to the defendant during the police interrogation protocol (two times);

1. C’s statement;

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 (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. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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 (hereinafter “Criminal Procedure Act”) lies in the following: (a) the Defendant divided and reflected the instant crime; (b) the degree of the victim’s injury; and (c) the degree of the damaged vehicle’s damage; and (d) the Defendant was the primary offender; and (b) the Defendant agreed with the victim.

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