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(영문) 인천지방법원 부천지원 2017.04.27 2017고정366
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 19, 2017, the Defendant was sentenced to ten months of imprisonment for fraud at the Incheon District Court, and the said judgment became final and conclusive on January 27, 2017.

The Defendant is a person driving B rocketing another car as his duties.

On August 08, 2015, the Defendant moved the above vehicle into a three-lane on the front road of the 403-lane, Yongsan-gu, U.S. East-gu, U.S.-dong, U.S.-dong (U.S.) in order to improve the two-lanes.

At this three-lanes, the victim C(W, 51) was in the process of the so-called Darburged car which is driven by the victim C(WT).

In such cases, a driver has a duty of care to prevent accidents by changing his/her course with due care to damaged vehicles.

Nevertheless, the Defendant neglected this and neglected the part on the back of the driver's seat of the damaged vehicle due to the change of course.

Ultimately, due to the above occupational negligence, the victim suffered from the fluoral finites E (n, 22) and the finite finites E (n, 22) in the second week of treatment, and at the same time, the victim escaped without taking measures, such as destroying the repair cost of KRW 896,167 to the damaged vehicle and providing relief.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident investigation report and a traffic accident occurrence report;

1. A detailed statement of medical expenses, written estimate, and each written diagnosis;

1. Each photograph;

1. Previous convictions in judgment: References, the current status of personal expropriations, and application of the text of judgment;

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 criminal facts (the point of view of failing to take measures after destruction) of the relevant Act;

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

1. Selection of an alternative fine for punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The order of provisional payment;

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