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(영문) 인천지방법원 2020.10.07 2020고단6211
특정범죄가중처벌등에관한법률위반(도주치상)
Text

Defendant shall be punished by a fine of 6 million won.

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 Obane.

On May 1, 2020, the Defendant driven the above Obaon on May 15, 2020, and driven the road of four lanes in front of Seo-gu Incheon, Seo-gu, Incheon along the direction of the inspection distance from the direction of the distance.

At the time, there was a space where a white solid line restricting the change of a vehicle was installed, and at the time, the victim D(n, 36 years old) driving EM6 car in the front side of the defendant's vehicle is proceeding in two lanes, so there was a duty of care to prevent accidents by thoroughly keeping the front and rear left side and right side of the vehicle without changing the vehicle line.

Nevertheless, the Defendant neglected this and did not properly go through the next stop, and did not go through the white stop line, and changed to the two-lanes, and due to the negligence of rapid stopping, received the front part of the victim D's SM6 car driving, which was in progress along the two-lanes, as the front part of the Defendant's Obane.

Ultimately, the Defendant, by negligence in the above occupational negligence, committed an injury to the victim D, such as light salt in need of a medical treatment for about two weeks, and suffered from the victim F (the 12-year old-age-old person) who is the fluor, about two weeks of treatment, and escaped without immediately stopping and taking necessary measures, such as providing rescue to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Report on the occurrence of a traffic accident, report on the actual condition, report on the actual condition, report on video analysis, and report on the investigation;

1. Application of Acts and subordinate statutes to each medical certificate and investigation report (victims);

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 committed;

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

1. The details and circumstances of the instant crime, which was selected as a selective fine, and the victims’ damage were not relatively serious, and Defendant.

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