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(영문) 제주지방법원 2019.10.30 2019고단1296
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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 service of a car BA6.

On May 8, 2019, the Defendant was driving the Frane Road from the direction of the Frane House to the D cafeteria located in C at Jeju on May 8, 2019.

At the time, the place is where a yellow center line is installed, and a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle without the center line and prevent accidents.

Nevertheless, the Defendant neglected the above duty of care and proceeded with the part of the gate and even gate of the vehicle Adidi, which was driven by the injured party G (M., 39 years old) who was driving at the center line due to negligence, with the above gate and even gate in the left side of the vehicle Adidi.

As a result, the Defendant suffered injury to the victim, such as light salt, which requires treatment for about two weeks due to the above occupational negligence, and at the same time, destroyed the victim’s car to be in excess of KRW 50,701,718 of the repair cost, and escaped without immediately stopping the vehicle and taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A written statement of I;

1. Each written diagnosis and written estimate;

1. Application of the Acts and subordinate statutes concerning booms and video records;

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148 and 5

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

1. Selection of an alternative fine for punishment;

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

1. The defendant's negligence is very serious in the occurrence of traffic accidents on the grounds of sentencing in Article 334(1) of the Criminal Procedure Act. On the other hand, the degree of injury is minor, there is no criminal record against the defendant, and there is no conflict with the victim, the defendant's age, character, conduct, family relationship, environment, etc.

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