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(영문) 서울동부지방법원 2017.09.21 2017고단2209
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On June 4, 2017, the Defendant driven around B Benz GLK220 vehicles around 02:05, and led the front road in Gwangjin-gu Seoul Special Metropolitan City to drive towards the island amusement park located on the right side of the entrance road into the mouth of the mouth of the river.

At the time, there was a taxi at night and in the front time, and thus, a person engaged in driving of a motor vehicle has a duty of care to look at the front side and the left side well, to accurately operate the steering system, to regulate the speed in advance, and to prevent the accident from being delayed.

Nevertheless, the Defendant neglected to do so and neglected to do so and did not properly operate the steering gear on the front section of the vehicle driving by the victim D (64 ) who is standing in the front section of the Estststy cab (64 ) under the influence of the Defendant.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim F (25) and the victim G (20) who was on board the said taxi on the part of the above victim, and the victim G (20) for about two weeks of medical treatment. Moreover, the Defendant destroyed the said taxi to take measures such as aiding and abetting the victim by stopping the said taxi, without taking measures such as aiding and abetting the victim, even if it was damaged to the extent that the said taxi was in excess of KRW 1,897,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement on the occurrence of each traffic accident;

1. The actual investigation report on traffic accidents;

1. Each written diagnosis;

1. Written estimate for automobile inspection and maintenance;

1. Application of Acts and subordinate statutes to vehicles and field photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 54 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of absence of measures after an accident);

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

1. Selection of a sentence of selective fine (the defendant's mistake, misjudgments, reflects the defendant, has no record of crime, and the degree of damage is not severe, and agree with the victims.

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