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(영문) 제주지방법원 2017.06.28 2017고단648
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of the B's studio car.

On February 14, 2017, the Defendant driven the above car at around 10:30 on February 14, 2017, while driving the said car and driving the one-lane road in front of C in front of C in front of C at the intersection of the area of the Yan-dong, the Defendant passed the E-Engine of the victim D (79 years old) driving engine, which was driven by the victim D(79 years old).

In such cases, a person engaged in driving of a motor vehicle has a duty of care to overtake the motor vehicle at a safe speed and in a safe manner, such as passing along the left side of the motor vehicle in front of the other motor vehicle, using the direction gear, light or horn according to the speed and route of the motor vehicle in front and other road conditions.

Nevertheless, when the defendant neglected this and proceeded to the right side of the motor device of the above victim who was by the negligence of going to the right side of the vehicle ahead, the defendant shocked the part on the right hand of the bicycle to the left side of the vehicle.

Ultimately, the Defendant, due to the above occupational negligence, escaped without taking necessary measures, such as identifying the victim, even though he was damaged by the harming the victim to cover approximately KRW 200,000 of the repair cost, which requires approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The actual investigation report on traffic accidents;

1. Medical certificate (D);

1. A report on investigation;

1. Application of the Acts and subordinate statutes to photographs of melting vehicles taken in CCTV images for crime prevention;

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 (a half the sentence, damage is relatively minor, and the defendant is a victim;

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