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(영문) 대구지방법원 포항지원 2017.02.15 2016고단1307
특정범죄가중처벌등에관한법률위반(도주치상)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 Chalog car.

On June 19, 2016, the Defendant driven the above car at around 01:40, and driven the road of 3-lanes in front of the shooting distance in the old port route located in the north-gu at the port of port in the north-gu at the port of port.

Since there are other vehicles in the signal waiting at the three-lanes, the driver's duty of care was to take care of the driver's person engaged in the driving of the motor vehicle well, waiting for the signal after the vehicle's departure.

Nevertheless, the Defendant was driven by the victim D, who was in the signal waiting at three-lanes due to the negligence of the Defendant’s driving over delivery in order to escape from drinking control, as part of the left-hand side of the Eststuna taxi and the pentar part of the Estuna taxi.

Ultimately, the Defendant, by occupational negligence, destroyed the taxi to be repaired by the city without any repair costs, but did not immediately stop the taxi and run away without taking necessary measures when the accident occurs.

Summary of Evidence

1. Each legal statement of witness F, D and G;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. The actual investigation report on traffic accidents;

1. Written estimate;

1. Photographs photographs of the defendant's driver's car, and photographs at the scene of the accident;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Relevant Article of the Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion did not cause the instant traffic accident, and the occurrence of the instant traffic accident by the Defendant

Even if the degree of accident is minor, the defendant did not recognize the fact of accident, and there is no difference in the vehicle so far as the vehicle might fall on the road.

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