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(영문) 청주지방법원 2019.05.09 2019고정211
특정범죄가중처벌등에관한법률위반(도주치상)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person driving a siren car.

At around 16:30 on August 31, 2018, the Defendant was under way at the entrance of both sides of the road, which was in front of the Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do.

The driver of a road, where the center line is marked with a yellow solid line, has a duty of care not to exceed the center line by accurately operating the steering direction and brake system.

Nevertheless, the Defendant neglected to do so and led the Defendant to the left-hand whiteer on the vehicle driving by the Defendant, who is the left-hand whiteer of the Eknife drive of the victim D's Eknife car driven in the opposite line due to the negligence going beyond the median line.

The Defendant, by such occupational negligence, escaped without immediately stopping and taking necessary measures, such as providing relief to the victim D, even though the victim F, who was accompanied by an injury, such as satisf and tension, which requires approximately two weeks of treatment to the victim D for about two weeks, and the victim F, who was accompanied by the head of the damaged vehicle, for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Written statements of D;

1. The actual condition survey report;

1. Investigation report (victim's DNA telephone call);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. 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 committed;

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

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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