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(영문) 서울북부지방법원 2018.02.22 2017고단5490
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 who is engaged in driving a B-L car.

On November 9, 2017, the Defendant: (a) driven the said LV car on the 12:45th day of 2017, and (b) tried to move the two-lane main roads of the new apartment zone in front of the new apartment zone, which is located in the middle-gu Seoul and the 103nd parallel to the parallel of the front at the parallel of the parallel of the two-lanes, into one-lane, while driving the two-lanes from the parallel of the parallel of the parallel of the two-lane, and tried to overtake the victim C(n, 38 years old) who driven ahead of the said LV car.

In such cases, there was a duty of care to prevent accidents by putting a person engaged in driving a motor vehicle on the front door and safely operating the steering gear and brakes properly.

Nevertheless, the Defendant neglected this and changed the vehicle to a single lane, followed the two-lanes to overtake the victim's low-speed car, and received the above high-speed part of the vehicle in front of the right side of the said three-dimensional car.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc., which requires medical treatment for about two weeks, and at the same time, destroyed the above low-priced car to cover repair costs of about KRW 1,340,00,00, and escaped without taking measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Act and subordinate statutes on the actual condition of traffic accidents, ten copies of the evidence photograph, medical certificate, and written estimate;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

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

1. Selection of an alternative fine for punishment;

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

1. The Criminal Procedure Act of the Provisional Payment Order.

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