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(영문) 수원지방법원 안산지원 2018.05.24 2018고단678
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a Party B’s car.

On November 3, 2017, the Defendant driven the above vehicle at around 08:00, and led the C to the right-way intersection of the D previous private distance in front of C at the time of show at the time of show at an elementary school in the military, and led to the right-way intersection of the Bosa kindergarten at the elementary school

At the same time, the driver of the motor vehicle had a duty of care to safely proceed after checking the traffic conditions of the intersection by temporarily suspending or making a stop prior to the entry of the right line.

Nevertheless, while the Defendant neglected to do so and bypassed at a speed without reducing the speed, the victim E-driving part, which entered the intersection from the area of the above intersection to the area of the light kindergarten located at the intersection from the area of the above intersection, was shocked by the front panion of the driver and the part of the set in front of the driver's seat of the Defendant.

Defendant 1 caused injury to the victim, such as saved saves that need to receive approximately two weeks of medical treatment by occupational negligence as above, and at the same time, Defendant 2,357,178 won of repair costs, and escaped without taking measures, such as providing relief to the victim even though the damaged vehicle was damaged by the damaged vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of the written estimate statutes;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is that the crime in this case is not likely to cause physical damage due to an accident and that the crime in this case was escaped.

In addition, the period of repeated crime of one defendant is more important.

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