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(영문) 수원지방법원 성남지원 2017.11.09 2017고단2329
특정범죄가중처벌등에관한법률위반(도주치상)등
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Defendant shall be punished by a fine of seven 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 a low-priced car.

On March 29, 2017, the Defendant driven the above car on March 29, 2017, and led to the direction of Gwangju to proceed from the direction of active service.

Since there is an intersection where traffic signal is installed, there was a duty of care to prevent accidents by safely driving the vehicle in accordance with the vehicle driving signals.

Nevertheless, the Defendant neglected to do so, and due to the negligence in the course of business that violated and proceeds from the vehicle stop signal at the front side of the road in the direction of the Defendant’s proceeding, and received the front part of the DSS5 car driving by the victim C (43 tax) who was operating in accordance with the vehicle driving signals in the direction of the tunnel direction from the right side of the Defendant’s proceeding.

As a result, the Defendant, by the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of treatment for about three weeks, and at the same time, even though the above SM5 vehicle was damaged by its repair cost of KRW 8,668,386, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to photographs and cross-section ctv images in a report on the occurrence of a traffic accident;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

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 defendant has reasons for sentencing under Article 334(1) of the Criminal Procedure Act.

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