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(영문) 창원지방법원 밀양지원 2017.10.12 2017고정46
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 of C1 ton cargo vehicles.

On 26. 26. 201. 13:35, the Defendant driven the above vehicle and continued to proceed to the Eup/Myeon from the south side of the several villages in front of the several villages where the number of Gyeong-gun began to start.

At the time, the victim D(n, 60 years old)'s E X-ray car was under way at the time, and there was a one-lane road, so a person engaged in driving of a motor vehicle has a duty of care to overtake in a safe speed and manner depending on the speed, course, etc. of the motor vehicle in front.

Nevertheless, while the defendant returns the victim vehicle to the front line, he did not keep a sufficient distance from the victim vehicle due to occupational negligence while returning the vehicle to the front line, and received the front part of the victim vehicle's driver's seat on the right side.

Ultimately, the Defendant did not take necessary measures to damage repair costs equivalent to KRW 886,918, such as the exchange of X-ex motor vehicles prior to the foregoing occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. An investigation report on the actual condition of a traffic accident, on-site photographs of a traffic accident, and arrest report of a traffic accident;

1. Written estimate [In light of the degree of damage to damaged vehicles, the situation in which the victim concealeds the Defendant’s vehicle by means of sounding the horn over about 10 km immediately after the accident, etc., the Defendant was aware of the occurrence of the instant accident at the time indicated in the judgment, and the occurrence of a new traffic danger and impediment was caused by inducing the Defendant who escaped by the victim.

[H] Application of the statute

1. Article 148 of the relevant Act and Articles 148 and 54 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. A person who has caused the reason for sentencing of Article 334(1) of the Criminal Procedure Act.

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