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(영문) 대구지방법원 김천지원 2017.09.05 2017고정302
특정범죄가중처벌등에관한법률위반(도주치상)
Text

Defendant shall be punished by a fine of five 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 KS7 car.

On March 4, 2017, the Defendant operated the said K7 car from the four distance in front of the Busan Saemaul Undong Undong Undong, which was located in the 79 Simsan, around 06:10 on March 4, 2017, to proceed from the front side of the original land to the front side of the mountain.

Since there is a cross-section where signal lights are installed, a person engaged in driving service has a duty of care to safely operate the steering and brakes by accurately operating the steering and brakes.

Nevertheless, the Defendant neglected this and proceeded in the same direction by negligence, and received the part on the right-hand side of the Darburged car, which was driven by the victim C (W, 60 years old) who stops in the signal waiting in the same direction, and then received the part on the front part of the K7 car.

The Defendant, by negligence in the course of performing the above duties, sustained injury to the victim’s salts and tensions of the bones of trees requiring approximately two weeks of medical treatment, and did not immediately stop and take necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, committed a traffic accident while driving a stroke, thereby causing injury to the victim.

However, the defendant reflects the crime of this case.

Defendant has no record of criminal punishment for the same crime.

The Defendant agreed with the victim smoothly.

In the above circumstances, all the sentencing conditions, such as the defendant's age, sex, family relationship, and circumstances after the crime, etc.

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