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(영문) 광주지방법원 2018.02.20 2017고단5427
특정범죄가중처벌등에관한법률위반(도주치상)등
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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 engaging in driving a rocketing car.

On November 19, 2017, the Defendant driven the said car at around 03:50, while driving the said car, and driving the four-lanes of the central traffic distance of Gwangju Southern-gu, Seocheon-gu along the two-lanes of the stop box at the seat of Gwangju-gu, the Defendant: (a) caused the injured party’s occupational negligence going without a stop signal in violation of the stop signal to the right side of the Defendant’s course; (b) caused the victim’s front part of the said car to take the side of the said car, and (c) caused the victim to suffer about 2 weeks of light chills, which require treatment; and (d) at the same time, the front cabs, etc. of the said taxi to repair costs to ensure that approximately 1,379,255 won are destroyed to the right side of the Defendant’s course; and (d) did not immediately stop the said taxi and did not take measures, such as providing relief.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report;

1. Photographs photographs, such as the scene of an accident;

1. Written estimate;

1. Application of Acts and subordinate statutes of a medical certificate;

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 a selective fine (such as the first offender, the fact that the defendant recognized the instant crime and reflects his mistake, the fact that he is covered by a comprehensive insurance, and the fact that the injured party does not want the punishment of the defendant by agreement with the injured party, etc.);

1. Articles 70 and 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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