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(영문) 서울서부지방법원 2018.08.16 2018고단1511
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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 D food NEW 307SW car.

On January 30, 2018, the Defendant driven the above vehicle at around 21:20, while driving the above vehicle, 2nding from the Yongsan-gu Seoul Yongsan-gu, Yongsan-gu, Seoul, the access lamps in the direction of the Gu in the northwest of the Nowon-gu, Nowon-gu, Seoul, came to the speed of the efficiencies from the original effic bank to the northwest of the river.

At the time, the Defendant was at night and was unable to get snow down, and the Defendant had a duty of care to secure and proceed with the safety distance that would be avoided in the event that the said cargo stops, as the victim E (57) drives ahead of the same direction followed the freight vehicle, and thus, the driver had a duty of care to ensure the safety distance that would be avoided in the event that the said cargo stops.

Nevertheless, the Defendant was negligent in driving the vehicle in the vicinity of the vehicle due to the negligence of the Defendant and received the back part of the cargo vehicle driven by the said victim to enter from the front side of the direction of the defendant's running to the north side of the river.

Ultimately, the Defendant, by occupational negligence, sustained an injury to the injured party, such as light salt (damage to sacratic nature) in need of treatment for about three weeks, and, at the same time, escaped without immediately stopping the said cargo while causing damage to KRW 416,282 as repair cost, and without taking measures, such as aiding the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (short traffic) made by the police to E;

1. Application of Acts and subordinate statutes to a survey report, diagnostic certificate, and written estimate for automobile maintenance;

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 the selective fine (the primary charge, the agreement with the victim, the number of self-denunciation, and the defendant's seal).

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