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(영문) 광주지방법원 2021.03.04 2020고단5898
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 a K5-car.

On September 7, 2020, the Defendant driven the above vehicle around 04:15, and got the intersection of the "D" located in Gwangju Dong-gu, Gwangju, along the two-lanes between the two-lanes of the Seoul Arts Center, from the west side to the west side of the Seoul Arts Center.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering side and the steering system and by accurately manipulating the steering side and the steering system.

Nevertheless, the Defendant neglected to do so and negligently proceeded in the opposite lane, and received the front pent part of the driver’s seat on the side of the driver’s seat of the victim E(24) driving from the opposite lane.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment, and, at the same time, escaped without immediately stopping the damaged vehicle and checking the state of damage, while destroying property equivalent to KRW 2,008,508 of the cost of repairing the damaged vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. A medical certificate;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 (the act of failing to take measures after the damage of property)

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is that the defendant deserts the scene without taking any particular measure, even though he inflicts personal and material damage on the victim due to a traffic accident: Provided, That he/she has left the scene;

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