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(영문) 대전지방법원 2017.12.08 2017고단3506
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a car in CV Scup.

On August 18, 2017, the Defendant driven the above vehicle at around 03:15, the Defendant had a duty of care to prevent accidents by driving the said vehicle at a speed of approximately 60km in the speed of 60km in the city from the area of the mountain of the mountain of the Seo-gu Daejeon, Seo-gu to the area of the mountain of the mountain of the city. In such a case, a person engaged in driving service has a duty of care to accurately operate the steering gear and brakes of the vehicle and to prevent accidents by safelypassing the vehicle according to the designated lane by taking into account the situation of traffic in the front direction.

Nevertheless, the Defendant was driving by the victim D(52) who was waiting for the straight-line signal at the two-lanes in order to proceed to the straight-line from the four-lanes of flooding by negligence, which led to a great turning-out by failing to neglect the front-round moving-way.

Ethysty biter, the upper part of the cargo vehicle, was shocked into the upper part of the defendant's vehicle's right.

Ultimately, the Defendant, by occupational negligence, committed an injury to the victim, such as salt, tension, etc. in need of two weeks of treatment, and escaped without immediately stopping the damaged vehicle and providing relief to the injured party, even though the damaged vehicle was damaged to have an amount equivalent to KRW 989,300,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Descriptions of a medical certificate;

1. Application of Acts and subordinate statutes stating in an estimate of automobile repairs;

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, Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after destruction) concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on any violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be imposed);

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. Article 334 of the Criminal Procedure Act of the Provisional Payment Order

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