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(영문) 광주지방법원 해남지원 2018.07.19 2018고정20
특정범죄가중처벌등에관한법률위반(도주치상)
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

The Defendant is a person engaging in driving a rocketing car.

On December 14, 2017, the Defendant driven the above car at around 10:25 on December 14, 2017, and led to the crossing of the distance from the girth of Jindo-gun to the area of the Jindo-do, Jindo-do.

In this case, the driver has a duty of care to keep the front and the right and the right and the right and the right and the right of the driver, and to accurately manipulate the steering and the brakes so as to prevent the accident in advance.

However, the Defendant neglected this and failed to secure the safety distance with the front vehicle without securing the safety distance. The Defendant’s negligence, prior to driving the Defendant’s vehicle, brought the part of the Defendant’s car to temporarily stop at the intersection C (the victim South and the age of 45) who was driving at the intersection, and brought the part of the Defendant’s car, which was the chief loading engine of the D1 ton of the cargo vehicle.

Ultimately, the Defendant, by negligence on duty, escaped without taking measures, such as providing relief to the victim, even though he suffered injuries to salt and tensions in need of two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. On-site photographs of traffic accidents;

1. Application of Acts and subordinate statutes (C);

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and selection of fines concerning the crime;

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

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. In light of the degree of injury suffered by the alleged victim, since there was no need for the defendant to take relief measures, the defendant cannot be punished as a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or the equivalent).

2. Determination

A. The driver of the vehicle is a driver of the vehicle.

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