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(영문) 대구지방법원 2017.06.21 2017고정992
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 engaged in driving a BM5 vehicle.

On March 25, 2017, the Defendant driven the above car on March 19:25, 2017, and driven the front road of D in Daegu-gu C, Daegu-gu, along the speed of speed from the seat of Daegu High School to the funeral hall of Yong-Nam-nam, the Defendant proceeded at the speed of speed.

At the time, it is at night and where there is a center line of yellow solid lines, so the defendant engaged in driving of the motor vehicle had a duty of care to look at the front and rear left and right, and to prevent the accident in advance by keeping the tea well.

Nevertheless, the Defendant neglected to do so and received a part of the lower part of the lower part of the car driving by the Defendant on the left-hand side of the Fdisolar sports car driven by the injured Party E (40) who was driving along a road adjacent to the flus sports by the flusian negligence.

As a result, the Defendant suffered from the injury of the victim E and the victim G (the 15 years old) who is a passenger of the said DNA sports sport car by the foregoing occupational negligence, respectively, for about two weeks of treatment, and at the same time, the Defendant destroyed the said DNA sports car to repair approximately KRW 13,556,810, and escaped without taking necessary measures, such as providing relief to the injured party by immediately stopping the car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each written diagnosis and written estimate;

1. A survey report on actual condition and an accident scene photograph;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

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 facts constituting an offense, as provided for in the corresponding Act, (a)

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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