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(영문) 대구지방법원 2018.05.17 2017고정1396
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 a car Bsch Rex ES350.

On April 21, 2017, the Defendant moved to C hotel from the side of the headquarters of the 2nd group of the KF, the NF of NFF, the Han-gu, Daegu Suwon-gu, Mangyeongdong on April 21, 2017, along the two-lanes between the three-lanes.

Since there was a cross-section and there was a vehicle bypassing to the right side of the road, a person engaged in driving a motor vehicle has a duty of care to make a bypass while driving along the right side of the road.

Nevertheless, the Defendant did not find out the victim D(30) driving vehicle, which was by negligence moving by right at the right edge of the road at the two lanes, and did not find the victim D(30) driving vehicle, and received the front part of the victim's driver's seat in front of the victim's driving vehicle.

As a result, the Defendant suffered injury to the victim, such as finites, which requires treatment for about two weeks due to the above occupational negligence, and at the same time, destroyed the victim’s vehicle to have the repair cost of KRW 633,125, and escaped without immediately stopping the vehicle and taking necessary measures.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Photographs of damaged vehicles;

1. An investigation report (limited to attachment of a victim's vehicle boom image image and a photograph to a capse);

1. Medical certificate (D);

1. Application of the Acts and subordinate statutes governing the vehicle photograph of the victim;

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 occupational injury) and Articles 148 and 54(1) of the former Road Traffic Act (Amended by Act No. 14356, Dec. 2, 2016);

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;

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