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(영문) 의정부지방법원 고양지원 2019.09.20 2019고정349
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of five 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 driving a BM5 car.

At around 11:05 on November 28, 2018, the Defendant sent a private distance in front of Ilsan-dong, Yongsan-gu, Mangsan-si, Goyang-si, a two-lane away from the chill basin to the chill basin.

At all times, there is an exclusive lane for left-hand turn with a straight-free surface sign, so in such cases, there was a duty of care to safely operate the driver by accurately manipulating the front door and the left-hand side and the left-hand side.

Nevertheless, the Defendant neglected this and received the left-hand turn from the two-lanes due to negligence in the first lane, which is a two-lane, the Defendant neglected it, and received the left-hand turn of the victim D(W, 38 years old) driving in front of the left-hand side of the halog halog car, as the front-hand side of the Defendant driving vehicle.

The Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks, and at the same time, destroyed the victim’s car to be in excess of KRW 1,554,68, and escaped without immediately stopping the vehicle and taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. The actual condition of traffic accidents, on-site photographs;

1. Written estimate and written diagnosis;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Article 5-3 (1) 2 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;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Defendant on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) as stated in Article 334(1) of the Criminal Procedure Act.

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