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(영문) 창원지방법원 거창지원 2017.11.22 2017고정92
특정범죄가중처벌등에관한법률위반(도주치상)
Text

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

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

Reasons

Punishment of the crime

1. On January 12, 2017, Defendant A driving a shower car, Defendant A set the said car on the front side of D in the 19:20 Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, and came to the opposite lane to drive the shower car.

At that time, since the passage of a vehicle is near a private-distance intersection where the passage of the vehicle is frequent, in such a case, the driver of the vehicle has a duty of care to prevent the accident by safely operating the steering and steering gear well without breaking the center at the place where the internship is permitted, and by accurately operating the steering and steering system at the place where the internship is permitted.

Nevertheless, the Defendant neglected this and got the front part of the shower car, which was driven by the victim E (40 tax) who was in line with the direction of the operation of the said car due to the negligence of the central line while driving the said car, as the front part of the said shower car.

Ultimately, the Defendant, due to the above occupational negligence, escaped without taking necessary measures, such as aiding the victim, even though the Defendant suffered injuries, such as salt, tension, etc. of the bones, requiring medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a survey report on actual condition (on-site photographs, red tides, and the driver's license register for motor vehicles);

1. Application of Acts and subordinate statutes to each investigation report (including submission of a medical certificate and written confirmation of hospitalization, situation of cooperation and investigation after the escape of a defendant, etc., visit and investigation into a drinking place of the defendant, attachment of photographs, hearing of oral statements

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and selection of fines concerning the crime;

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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