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(영문) 인천지방법원 2017.06.14 2017고단1566
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of 6 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 the driver's duty of Car B, E.C.

On February 7, 2017, the Defendant driven the above car at around 04:39, and driven the front road of the 1061 of the 1061, as in the Bupyeong-gu Incheon Bupyeong-gu, Bupyeong-gu, Incheon, with two-lanes, the Defendant driven the two-lanes of the 1061st square distance.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering direction and brakes, and by accurately operating the steering direction and brakes.

Despite this, the Defendant neglected to proceed as is while driving the vehicle, and received the back part of the victim C(57) driving DK5 si in the front of the vehicle.

Ultimately, the Defendant by such negligence sustained injury to the victim C, such as salt ties and tensions, etc. in need of approximately two weeks of medical treatment, and the victim E (26 years of age) who is the above taxi passengers, for approximately two weeks of medical treatment. At the same time, the Defendant did not take measures such as destroying the above taxi for repair costs of KRW 3,795,097 and stopping the said taxi without providing rescue to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of Acts and subordinate statutes to traffic accident reports, photographs, and medical certificates;

1. The point of view of the relevant provision of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 54 (1) of the Road Traffic Act: Article 148 and Article 54 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. In light of the fact that the defendant's reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including traffic accident and escape, are not good for the crime, the defendant's responsibility is not minor.

(b).

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