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(영문) 부산지방법원 2017.05.10 2017고정394
특정범죄가중처벌등에관한법률위반(도주치상)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-L car.

On September 15, 2016, the Defendant driven the above car at around 04:00, and continued two lanes from the 3-lanes to the intersection in front of the Gupo-dong, Northern-gu, Busan, the north-do, the north-do, at the east of the Dongpo-do.

At the time of night, it was difficult to view the vehicle at night, and the place was an intersection where the passage of the vehicle was frequent, so in such a case, a person engaged in driving a motor vehicle had a duty of care to prevent accidents from smoke and safely drive the vehicle by accurately operating the steering and steering gear.

Nevertheless, the Defendant’s negligence, which led to the failure to properly operate the steering wheel and brakes, led to the failure of the Defendant to accurately operate the steering wheel and brakes in the front section of the Defendant’s car driving of the victim C(52 cc) who stopped for signal waiting in the front section.

Ultimately, even though the Defendant, by such occupational negligence as above, sustained injury to the victim C in need of approximately three weeks’ medical treatment, and suffered injury to the victim E (3) who was on the si in the si in need of approximately two weeks’ medical treatment, she immediately stopped and escaped without taking measures such as providing relief to the victims, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to replys as a result of cooperation in investigations and photographs of damaged vehicles and harming vehicles;

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

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 is the reason for the order of provisional payment.

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