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(영문) 수원지방법원 2018.06.14 2018고단2077
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On March 26, 2018, the Defendant driven the above car on March 26, 2018, and led to a three-lane of the three-lane road near the bank shooting distance located in the chine of the same chine at the time of globalization, along with three-lanes in the direction of the 3-dong community service center.

At the same time, the victim C(41 Systasi driving) was temporarily stopped in order for passengers to board the same lane. As such, the Defendant engaged in driving service had a duty of care to ensure safe operation by accurately manipulating the steering gear and operating the steering gear while living well on the front left and right right.

Nevertheless, the Defendant neglected to do so and was negligent in proceeding and received the back part of the above taxi as the front part of the Defendant’s driver’s driver’s lurged vehicle.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above, and at the same time, destroyed the said taxi to cover repair costs of approximately KRW 661,615, and escaped without taking necessary measures, such as providing relief to the injured party by immediately stopping the taxi.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. Photographss, CCTVs for crime prevention, and photographs of shielded vehicles by cutting down the damaged taxi and black booms;

1. The damaged taxi booms video CDs;

1. A medical certificate;

1. Application of the written estimate statutes;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act is as follows.

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