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(영문) 서울중앙지방법원 2020.01.10 2019고단7163
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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 driving a Oral Ba in B 49CC large forest.

At around 10:30 on September 3, 2019, the Defendant driven the above Oralba, and led to the 268 amba-ro, Gwanak-gu, Seoul Special Metropolitan City, to proceed from C to the ambari distance.

At this point, since it is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to drive safely according to good faith.

Nevertheless, despite the fact that the Defendant neglected this, due to the negligence of proceeding in violation of the signal, received the part above the part of the Defendant’s driving in front of the left-hand part of the passenger car of the victim F (F, South, 24 years old) drive G G, which was placed in accordance with the new code from the offside of the E elementary school due to the failure of the Defendant in violation of the signal.

As a result, the Defendant suffered from the injury of salt and tension in the front part of the horse that requires approximately two weeks of medical treatment by occupational negligence as above, and at the same time, the repair cost of the vehicle from Aburged by Aburg was destroyed to the extent that the said vehicle was damaged to the extent, and escaped without taking measures such as stopping the vehicle and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Results of viewing CCTV CD recycling in Gwanak-gu;

1. The police statement concerning F;

1. Reports on traffic accidents, and photographs of damaged vehicles;

1. A medical certificate of injury and records of outpatient treatment;

1. Application of Acts and subordinate statutes to reports on internal investigation and investigation (Nos. 4, 5, 10)

1. Article 5-2 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and 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 Concurrent Crimes (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

1. Selection of an alternative fine for punishment;

1. Detention at a workhouse;

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