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(영문) 수원지방법원 안산지원 2017.07.14 2017고정513
특정범죄가중처벌등에관한법률위반(도주치상)
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Defendant shall be punished by a fine of four 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 of C and C and III.

On January 20, 2017, the Defendant driven the above vans around 09:15, and led the roads near the wing west road at the time of industrialization to the direction of Ansan-si at the time of industrialization.

At the same time, the previous snow was stored on the road, so in such a case, there was a duty of care to prevent accidents by reducing the speed and accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and went into the opposite lane due to the negligence of the Defendant, and caused the victim D (n, 27 years old) who passed the opposite lane beyond the median line and went into the opposite lane, and caused the victim to go out in the future, and caused the victim to go into the construction site located on the right side of the direction in order to avoid the collision with the said passenger vehicle.

As a result, even though the Defendant suffered from an injury, such as satisfe, etc., in need of two weeks of medical treatment by occupational negligence, the Defendant immediately stopped and escaped without taking measures such as aiding the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of statutes on site photographs and photographs of damaged vehicles;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 201);

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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