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(영문) 광주지방법원 2021.01.22 2020고단5443
특정범죄가중처벌등에관한법률위반(도주치상)등
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Defendant shall be punished by a fine of KRW 10 million.

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 driving duties of K5 cars.

On August 31, 2020, the Defendant driving the said car without obtaining a driver’s license from around 00:00, and driving the said car using three-lanes among five-lanes, namely, a “slick distance at our bank” page from the “slick distance at our bank.”

There is a duty of care to safely drive a motor vehicle in accordance with traffic signals to prevent accidents in advance, and even if there is a duty of care to prevent a person engaged in driving a motor vehicle from an accident, the defendant, who violated the stop signal, conflicts with the driver's prior to the top of the driver's fspke car driving of the victim E (29 years old) who turns left to the left in accordance with the new subparagraph from the "D hotel distance" side of the "D hotel."

Ultimately, even though the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks’ treatment due to occupational negligence as above, and at the same time destroyed the damaged vehicle to have an amount equivalent to KRW 2,406,583, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the injured party.

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 an investigation report on the actual condition of a traffic accident;

1. The driver's license ledger;

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

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, Articles 148, 54(1) (a) of the Road Traffic Act, and Articles 152 subparag. 1 and 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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