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(영문) 대전지방법원 천안지원 2018.01.12 2017고단2259
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of nine 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 is engaged in the operation of B Lastren motor vehicles.

On September 7, 2017, the Defendant proceeded at a speed not exceeding 3 lanes on September 21, 2017, the two parallels of roads in the direction of the one-lane shooting distance in the north-gu, Seo-gu, Seocheon-gu, Seocheon-gu, the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes.

At night at the time, the victim C(n, 43 years old) was a DK3 passenger vehicle driven by the victim C(n, 43 years old) in the front door, so in such a case, the driver of the vehicle has a duty of care to prevent the accident in advance by accurately manipulating the steering and operating the steering gear while driving the vehicle in front and securing the safety distance.

Nevertheless, the Defendant neglected to do so and neglected his duty to see in the front bank and neglected to do so, thereby taking the panion of the damaged vehicle back to the Defendant’s front panion of the Defendant’s vehicle, thereby incurring about three weeks of light tensions, tensions, etc., which require approximately 516,987 medical treatment, and, at the same time, failed to take necessary measures, such as providing relief to the damaged vehicle by stopping the damaged vehicle, even though the damaged vehicle was destroyed by approximately 516,987 won, such as the exchange of pans.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The actual survey report and each photograph;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Consideration of agreement with the victim on the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the fact that there is no criminal punishment heavier than the fine, the fact that the person is against the victim, the degree of injury, etc.

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