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(영문) 서울남부지방법원 2017.05.30 2017고합75
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a cargo vehicle of Category C and 1 ton.

On February 28, 2016, the Defendant driven the foregoing cargo vehicle as around 15:35, and proceeded along two lanes in front of Eart in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, with two lanes in front of Eart-do from the boundary of the Dong-dong to the boundary of the new air.

At the time, the Defendant, prior to the same direction, was followed by a Gbeer or a car driven by the Victim F, and in such a case, the Defendant had a duty of care to ensure the safety distance that would be avoided when a preceding car stops, and to ensure the operation of the driver and to accurately manipulate the steering and brakes so as to prevent the occurrence of the accident.

Nevertheless, the Defendant neglected to stop the foregoing Vietnama car, which was prior to the Defendant’s negligence while driving the car, and the Defendant did not avoid it, and received the back part of the said Vietnama car as the front part of the freight truck by the Defendant.

Ultimately, the Defendant, by occupational negligence, sustained an injury to salt, tension, etc. by the 2 week medical treatment to the victim, and at the same time, escaped without immediately stopping a traffic accident that damages KRW 342,048, which causes the above beer or car to be repaired by the repair cost, and without taking necessary measures, such as checking the damage situation, and providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. A survey report on actual conditions;

1. A medical certificate;

1. Written estimate (the victim's injury is health, based on the evidence, and the string door of the damaged vehicle due to the traffic accident in this case, and the number plate of the damaged vehicle is removed, etc. It seems that the shock was reasonable at the time of the accident, and the victim immediately visited the string department and visited the x-ray to undergo a x-ray examination and received two (2) attention diagnosis.

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