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(영문) 부산지방법원 동부지원 2018.04.26 2018고단429
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

On February 8, 2018, the Defendant driven a BOP car at around 20:07, while driving two-lanes on the front side of the 2nd apartment road in Busan Southern-dong, the front side of the 3rd apartment road in front of the Busan Southern-dong, from the SOM market to the new racker wharf. On the part of the business, the Defendant followed the back of the DM3 car driven by the victim C (25 years old) in front of the signal waiting due to the negligence in the course of the business without reducing the speed without looking forward the front, and shocked the back of the 3rd vehicle into the front side of the port side of the SM3 car to escape from the accident site.

Defendant at the same time, due to the above occupational negligence, suffered injury to the victim C and the victim E (58 years old) who is a partner of the passenger car in SM3 car, by each two-day medical treatment, and at the same time, Defendant escaped without taking necessary measures, such as providing relief to the damaged party by immediately stopping the vehicle while destroying 1,324,805 won for SM3 car.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident under C and E;

1. A photograph of a CCTV image to be cut;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. The point of escape after the injury or injury inflicted on the pertinent legal provision concerning the crime: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act: Articles 148 and 54 (1) of the Road Traffic Act;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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