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(영문) 서울남부지방법원 2020.01.07 2019고정1353
특정범죄가중처벌등에관한법률위반(도주치상)등
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Defendant shall be punished by a fine of KRW 4,000,000.

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 BP car.

On February 8, 2019, the Defendant driven the above vehicle at around 22:30 on February 8, 2019, and proceeded with the front road of Guro-gu Seoul Metropolitan Government at the direction D from the surface of the Gu road.

At the time, there is a night and a place where the center line of the yellow-line is installed, so a person engaged in driving service has a duty of care to thoroughly operate the front-time and to safely operate the car line.

Nevertheless, due to negligent negligence of the central line, the victim E (E, South, 38 years old) driving Maz car in the right place in the last part of the line, which conflict with the front driver of the Defendant vehicle.

Ultimately, the Defendant, by such occupational negligence, committed an injury to the victim, such as sugars without an open two main body, which requires approximately two weeks of treatment, and, at the same time, destroyed the property equivalent to KRW 1,403,658 due to the exchange and repair expenses for the fronter of the damaged vehicle, etc., the Defendant immediately stopped the victim, and failed to take necessary measures, such as notifying the victim of personal information and providing relief.

Summary of Evidence

1. Defendant's legal statement;

1. Police statement (E);

1. Application of the Act and subordinate statutes to a survey report, a medical certificate, and a quotation;

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 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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