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(영문) 대전지방법원 천안지원 2020.05.15 2020고단396
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person driving a BM5 vehicle.

On January 11, 2020, around 08:01, the Defendant proceeded along the three-lane road in the direction of the daily salary and mountain distance in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon, along the three-lanes in the direction of the day-to-day. While changing the course to four-lanes, the Defendant did not find any ES5 car driven by the injured party D (Inn, 51 years old) driving in the same direction according to the four-lanes, and received the part that the Defendant would be placed in front of the left-hand side of the driver's vehicle.

The Defendant, by such 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 car owned by the victim to the extent that it is necessary to repair the car in front of the left-hand side, such as exchange of soil, etc., and escaped without immediately stopping the car to the extent that it is necessary, and without taking necessary measures when a traffic accident occurs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate and detailed statement of checking and inspection of automobiles;

1. Report on the occurrence of a traffic accident, the site photograph of the accident, the screen pictures and photographs of the damaged vehicles, the photographic images of the vehicles, and the application of the Acts and subordinate statutes governing the screen pictures and photographs of the towed vehicles;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the order of provisional payment is that the defendant committed a traffic accident by driving a car, thereby causing the injury of the victim and destroying the damaged vehicle, and the nature of the crime is not good in light of the circumstances and content of the crime.

The defendant shall be an investigative agency after an accident.

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