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(영문) 인천지방법원 2019.09.06 2019고정143
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Some of the facts charged were revised to the extent that it does not impede the defendant's exercise of defense.

The defendant is a person who is engaged in the duty of driving B car trucks.

On October 13, 2018, the Defendant driven the above truck on October 6, 2013:04, and continued the three-lanes of the 6.3km of the Ansannam Expressway located in the Soyang-dong, Ansan-gu, Ansan-si, with the mix of approximately 6.3km of the 3-lanes of the Ansan-si.

At this time, there was a duty of care to drive a motor vehicle safely without impeding the course of the motor vehicle driving on the two-lanes, because there was a point where the motor vehicle was traveling along the expressway and only the motor vehicle traveling along the two-lanes.

Nevertheless, the defendant neglected this and caused the victim E(56 years old) driver's car in the course of avoiding the truck of the defendant's truck that has changed to a suddenly fright driver's vehicle in the direction of the defendant's proceeding by occupational negligence that has changed to a two-lane.

The Defendant, by these occupational negligence, sustained injury to the victim C, such as salt, tensions, etc. in need of approximately two weeks of medical treatment, and suffered injury to the victim E, such as light dynasium and tensions, etc. in need of approximately two weeks of medical treatment. At the same time, the Defendant destroyed the said Mynas car in order to fill the repair costs, and attempted to stop immediately to stop the said car and abscond without taking necessary measures, such as providing relief to the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. A report on the occurrence of a traffic accident, vehicles and on-site photographs;

1. Each written diagnosis (number 14, 17), written estimate, and a certificate of fact of the cancellation of registration;

1. Judgment on the assertion by the vehicle boomers Defendant and the defense counsel

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