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(영문) 광주지방법원 2017.01.19 2016고단4577
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. Defendant shall be punished by a fine of KRW 7,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a KS7 car.

On October 13:37, 2016, the Defendant driven the above vehicle at around 13:37, and made a right-hand turn at a speed of about 30km per hour, depending on the two-lanes between the two-lanes, from the south post office north through the intersection of the D convenience store located in Gwangju Mine-gu C.

At the same time, the said intersection had a vehicle directly engaged in the luminous area from the black seat shooting range to the luminous boundary. In such a case, a person engaged in driving service has a duty of care to take the right and the right of the front side so as not to conflict with the said vehicle and safely bypassing it.

Nevertheless, the Defendant neglected to do so and led the Defendant to the left side of the Defendant’s vehicle and the pentle part of the Victim E (34 tax) driving, who was directly moving into the luminous string in black seat room in accordance with the new subparagraph, due to the negligence bypassing it.

Ultimately, the Defendant, by occupational negligence as above, sustained injury to the victim, such as salt panions requiring treatment for about two weeks, and at the same time escaped without immediately stopping a vehicle to the extent that it damages the above low-priced car amounting to KRW 1,789,846, and 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. Application of Acts and subordinate statutes governing the actual condition survey report, diagnosis report, quotation, and field photographs of traffic accidents;

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 an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

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