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(영문) 광주지방법원 순천지원 2017.07.19 2017고정113
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CMW car.

On December 20, 2016, the Defendant driven the above vehicle at around 05:50 on December 20, 2016, and led to the passage of the road in front of the E coffee shop at the time of leisure from the direction of the upper Doz.

At night, there was a duty of care to prevent accidents by complying with the speed and the steering gear and operating the steering system accurately and safely.

Nevertheless, the Defendant neglected to do so and stopped on the four-lanes of the Victim F(26 Do) driving by the victim F (26 Do) who was stopping on the four-lanes, and shocked the left-hand side of the said BMW car and the pentar portion into the right-hand side of the said BMW car.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. on the left-hand side, due to such occupational negligence, and at the same time, destroyed the said rocketing car to fall under the repair cost of KRW 1,017,000, such as exchange of rocketing car on the left-hand side, and escaped without taking necessary measures, such as immediately stopping, and providing relief to the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

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. 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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