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(영문) 서울중앙지방법원 2017.04.26 2017고단950
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of seven 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 the operation of a car by seeing B.

On October 17, 2016, at around 08:33, the Defendant: (a) committed a collision with the victim D (V, 48 years old) who stops in the signal atmosphere at the front of the signal atmosphere by negligence while he was negligent in failing to perform his duty at the front of the vehicle while driving along one lane at the e-sections of the front of the Seoul Gangnam-gu Seoul Metropolitan City C at the front of the road.

As a result, the Defendant suffered injury to the victim D, which requires approximately three weeks of medical treatment due to such occupational negligence, and at the same time, destroyed the said rocketing car to have approximately KRW 570,000 of repair cost, and escaped without immediately stopping the vehicle and without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

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

1. A written diagnosis and estimate of D (E);

1. A report on internal investigation (specific and place of residence of the person suspected of being suspected, No. 6 times a net investigation), investigation report (on-site investigation and CCTV video verification, and No. 11 times a net inspection);

1. Application of Acts and subordinate statutes, i.e., evidence photographs (No. 8 times a patrol time), CCTV images-faging (No. 12 times a patrol time);

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 Commercial Concurrent Crimes Act (the punishment imposed on any violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be imposed);

1. Selection of a selective fine for punishment (the defendant's acknowledgement of all criminal facts is against the defendant, the first offender who had no record of criminal punishment prior to the instant case, and the fact that damage has been paid or is likely to have been paid to the victim due to comprehensive insurance, etc.);

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