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(영문) 서울중앙지방법원 2016.11.02 2016고단6226
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 16:50 on June 24, 2016, the Defendant driven C Poter II Cargo and proceeded ahead of the C Poter II at a speed that is impossible to identify one-lane between the two-lanes from the distance to the lake.

Since there is a center line of yellow-ray, the defendant who drives the vehicle has a duty of care to thoroughly operate the steering gear, accurately operate the steering gear, and safely drive the vehicle.

Nevertheless, the Defendant neglected the above duty of care and led the victim to go left at the entrance of the two apartments, due to the negligence of driving the central line at the entrance of the apartment at the time, and the two-lanes of the opposite lane from the entrance of the apartment at the time of the horse to the Esular distance from the direction of the lake, thereby interfering with the course of the victim F, driving by the victim F, who driven from the direction of the Estoba, thereby having the victim go beyond the floor.

As a result, the Defendant suffered injury to the victim, such as a sacrife and a sacrife that requires approximately four weeks of treatment, and at the same time, even though the above sacrine was damaged by approximately KRW 365,00,000 for repair expenses, and escaped without taking necessary measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each statement prepared by the F;

1. Reports on traffic accidents, and photographs;

1. Investigative report (in the event of a closure screen and accompanying video CDs), screen pictures, and video CDs;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes against the injury resulting from the death of a victim who is more severe in punishment and the Act on the Aggravated Punishment, etc. of Specific Crimes);

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