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(영문) 대전지방법원 2020.03.13 2019고단4890
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a BMW car.

On November 19, 2019, the Defendant driven the above car at around 18:09, and moved it to a F cafeteria from the e-road intersection of the D convenience store located in Seo-gu Daejeon, Seo-gu, Daejeon to the F cafeteria.

At the same time, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle by taking the front side and the right and the right of the motor vehicle in a deep manner.

Nevertheless, the Defendant neglected this and went through the intersection from the room of the G Child Care Center as a F cafeteria to the intersection, and received the part on the right side of the said BMW as the front part of the said BMW car after the victim H (ma, 60-year-old taxi) driving after the victim H (ma, 60-year-old taxi).

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately two weeks of medical treatment, and at the same time, destroyed the 654,188 won of repair expenses, and did not immediately stop the cab and did not take necessary measures, such as providing relief to the victim, and escaped without leaving the rolling stock at the site.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. The actual survey report and the investigation report;

1. The register of driver's licenses, car4 and mandatory insurance;

1. A written diagnosis of injury and written estimate;

1. Application of the Acts and subordinate statutes governing photographs, such as the scene of the accident, black boxes, video CDs;

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 crime;

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

1. The victim of a traffic accident causes damage to his/her human resources and property by negligence in the course of selecting a selective fine;

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