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(영문) 창원지방법원 진주지원 2017.09.14 2017고정315
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of three million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle by borrowing C.

On February 26, 2017, the Defendant driven the above car at a speed of 17:20 on the 17:20th day of Jinju-si, and led to a straight-distance intersection at the entrance of the large apartment located in the Ho-dong, Ho-dong, Ho-dong.

Since there is an intersection installed by signal apparatus at the front of that place, the driver has a duty of care to prevent the accident by proceeding in accordance with the purport that the signal is instructed by the signal.

Nevertheless, when the signal was changed to a stop signal, it was due to the negligence that continued to enter the intersection at the same speed, and the left turn to the direction of the transformation station at the entrance side of the front apartment at the right-hand direction, the part was left as the front-hand part of the vehicle of the defendant, after the driver's seat in the front of the driver's vehicle, which was turned to the right-hand direction.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim D, such as salt, tensions, etc. in need of medical treatment for 20 days, and at the same time, destroyed the damaged vehicle to have an amount equivalent to KRW 2,302,040, such as the repair cost, such as the pan-clock, and escaped without taking measures, such as stopping and aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. A traffic accident report and a survey report, the scene of the accident, and photographs of the accident vehicle;

1. Investigation report (Investigation of CCTVs at scene of an accident);

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. 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 concerning the crime;

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

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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

1. The order of provisional payment;

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