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(영문) 수원지방법원 2018.02.01 2017고정3180
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM3 car.

On October 14:50 on October 3, 2017, the Defendant driven the above car and driven the intersection and crosswalk in the sphere D at Suwon-si, where the front signal apparatus is installed, along the three-lanes from the shooting distance to the three-lanes, one-lanes between the two-lanes.

Since there is an intersection in which a signal, etc. is installed and a crosswalk exists, a person engaged in driving service has a duty of care to safely drive the motor vehicle in accordance with the signals by reducing speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected to do so and neglected that the vehicle driving signal is changed to a stop signal, and due to the negligence of proceeding, the Defendant, at the right side of the direction, received the bicycle driving side of the victim F (63 Do) driving crossing the bicycle on the crosswalk on the left side of the direction, from the front part of the vehicle used by the Defendant for SM3 riding.

As a result, the Defendant suffered injury, such as a failure to complete the part on the side of the unit that requires approximately two weeks of medical treatment, and at the same time escaped without taking necessary measures, such as destroying the bicycle so that the amount of repair costs can not be increased and aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements concerning F;

1. Reporting of a traffic accident (1) (2);

1. Photographs of the accident scene;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report internal accidents (a summary of statement by telephone);

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, Articles 148 and 54(1) of the Road Traffic Act (the occupation of a measure not taken after an 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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