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(영문) 대전지방법원 논산지원 2017.03.21 2016고단689
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 engaged in driving a vehicle with K7 boarding.

On October 22, 2016, the Defendant continued to proceed from the direction of the Seosan to the Daejeon, a long-distance road in the Dosan-si, Seosan-si.

In such cases, a person engaged in driving service has a duty of care to safely operate the steering system, brakes, and other devices of the vehicle by accurately manipulating the steering system and the steering system of the vehicle.

Nevertheless, the Defendant neglected this and proceeded with the Defendant’s failure to stop in the front side of the victim C's driver who was parked in the signal waiting at the front side of the Defendant, and brought down the part of the Defendant's driver's vehicle following the left side of the victim C's driver's vehicle, which was driven by the signal waiting.

Ultimately, the Defendant, by such occupational negligence, sustained injury, such as salt and tensions, to the victim for about three weeks of medical treatment, and at the same time escaped without taking necessary measures, such as immediately stopping a vehicle with the above highest strawing cost, even though the Defendant destroyed and damaged the vehicle with the above highest strawing cost to the extent of 1,209,107 won, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of failing to take 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. The criminal act of this case with the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment Order causes

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