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(영문) 대구지방법원 서부지원 2018.04.09 2017고단1883
특정범죄가중처벌등에관한법률위반(도주치상)등
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Defendant shall be punished by a fine of eight million won.

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 a BM7 car.

On July 15, 2017, the Defendant driven the above car at around 05:40, and led the front road of the Yongsan-gu, Daegu-gu, Busan-dong, to go along by one-lane, along the view of the view that the front road of the Yongsan-gu, Yongsan-gu, Incheon-gu, is visible from the bank of the mountain underground, at the view of the view of sighting.

In this case, the driver of the motor vehicle has a duty of care to prevent the accident by properly operating the operation of the operation system and the steering gear of the motor vehicle.

Nevertheless, the Defendant neglected this and went into operation in the direction of the Defendant’s proceeding by negligence, and immediately stopped the damaged vehicle to yield the path to the Defendant, and went away without taking necessary measures, such as providing relief to the injured party by immediately stopping the damaged vehicle, even if the damaged vehicle’s repair cost of KRW 3,410,225, is destroyed and the damaged vehicle’s repair cost of KRW 3,410,225 is destroyed and the damaged vehicle’s repair cost of KRW 3,410,225 is destroyed by the left side of the Defendant’s vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

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 circumstances favorable to the sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment: The defendant's consent to the crime of this case is against the defendant and only agreed with the victim.

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