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(영문) 인천지방법원 2016.06.02 2016고단2060
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in B SP area.

On March 1, 2016, at around 00:04, the Defendant proceeded with the third-lane of the 553 metropolitan school in the direction of the field of literature from the direction of the field of literature to the speed of 31 to 40km in the direction of the field of literature.

In the former part of the defendant, the victim C(58) driver's DPoter II of the victim C(58) driver's driver's 58 has been stopping in the signal atmosphere. In such a case, the driver of the motor vehicle has a duty of care to prevent the accident by safely driving the motor vehicle, such as taking a front door well, accurately operating the brake and steering gear, etc.

Nevertheless, the Defendant neglected to do so and proceeded with the Defendant’s driver’s vehicle by negligence, which led to a shockion of the back of the Poter II cargo vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C, such as salt, tensions, etc. in need of approximately three weeks of medical treatment, and sustained injury on the victim E (the victim E (the victim 46 years old) who was on the top of the cargo Ⅱ, for about three weeks of medical treatment, such as base salt, tensions, etc., which require approximately three weeks of medical treatment. At the same time, the Defendant, who was on the part of the victim E, did not immediately stop the said cargo Ⅱ in order to damage the amount of KRW 2,040,048 of the cost of repairing the said cargo Ⅱ owned by the victim E and escaped without taking necessary measures, such as immediately stopping the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A survey report on actual conditions;

1. Each and medical certificate;

1. Written estimate;

1. Application of statutes on field photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning criminal facts (the point of view of failing to take measures after an accident) of the same Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the most severe between the above crimes, punishment and punishment).

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