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(영문) 광주지방법원 2019.03.07 2018고정74
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving his own B K5 cars.

On November 12, 2017, the Defendant driving the above vehicle at around 12:59, and driving the two-lane road in front of the D in the Southern-gu Gwangju metropolitan area C at a speed of speedless and in order to proceed from the boundary of the forest shooting distance to the Eincing side, the Defendant is a prohibited zone from overtaking, and thus, the person engaging in driving service has a duty of care to avoid overtaking.

Nevertheless, in order to overtake with neglect of this, it is overtaking by the left-hand center line.

The victim F(47 years of age, n) driving GVD's upper left side of the vehicle for riding, which was followed by one lane in the same direction in order to avoid the unclaimed vehicle, contacted the front side of the driver's vehicle with the upper side of the vehicle and the gate and gate parts after the front side of the vehicle for riding.

Ultimately, the Defendant, by such occupational negligence, destroyed the property that requires an amount equivalent to KRW 839,048, such as the left-hand fences of the victim driving vehicle, etc., and at the same time, did not take necessary measures on the spot, even though the Defendant damaged the victim F, by causing approximately two weeks of stability at the victim H, such as a acute fluoral salt base, the damaged vehicle, the damaged vehicle, and the damaged H, for whom approximately two weeks of stability is required.

Summary of Evidence

1. Each legal statement of F and H;

1. The actual survey report (1, 2);

1. Investigation report (verification of the video records of the instant case);

1. Each written diagnosis;

1. Written estimate for automobile maintenance;

1. Evidence and photographs of the traffic accident scene;

1. Application of Acts and subordinate statutes as a result of the reproduction and viewing of each black boxes and 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, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the point of failing to take measures after destroying and damaging property);

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

1. Selection of a fine for negligence;

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