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(영문) 광주지방법원 2017.05.11 2017고단208
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 B-L car.

On December 23, 2016, the Defendant driven the above car on December 23, 2016, and driven the front road in Gwangju Mine-gu C at approximately 20 km from the direction of Gwangju Mine-ro to the regular course of business.

At the time of night, there was a duty of care to prevent accidents in advance by accurately manipulating the steering wheel and brakes of the driver on the front right right right right right right right right right and the rear vehicle and accurately manipulating the steering wheel and brakes.

Nevertheless, due to negligence of the defendant, the defendant neglected to do so, led the victim E (e.g., 55 years old) who is going to the territorial air from the station of Gwangju, to the right pande part of the driver's vehicle, and the pentum part of the driver's vehicle in front of the left side of the driver's vehicle.

Ultimately, the Defendant, by occupational negligence, caused the victim to suffer injuries, such as salt, tensions, etc., in need of approximately two weeks of medical treatment, and, at the same time, did not immediately stop the damaged vehicle while destroying KRW 975,698 of repair cost, and escaped without taking necessary measures.

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 report on actual condition investigation;

1. On-site photographs of traffic accidents;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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 an alternative fine for punishment;

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

1. In light of Article 334(1) of the Criminal Procedure Act, the criminal liability shall be mitigated in light of the fact that the defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, does not take any follow-up measures after having caused an accident, leaving

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