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(영문) 대구지방법원 김천지원 2018.08.29 2018고단652
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of 6 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 drives D's low-income cars.

On May 8, 2018, the Defendant driven the above car at around 01:23, and continued to drive the car at around 35-lane 6 of the Gu-U.S.-U.S.-si in addition to the four distance.

At all times, there was a vehicle waiting for a signal signal signal at the front of the street crossing along which the signal lights are installed, so there was a duty of care to safely operate the steering and steering system by accurately operating the steering and steering system.

However, the Defendant neglected to do so and did not see the front section of the vehicle, and did not immediately stop the steering gear and operation of the steering gear to correct operation, and did not take necessary measures such as providing relief to the injured party by immediately stopping the steering gear in the front section of the vehicle, with the rear wheels of the victim E (30 years old) who driven in the front section of the signal at the front section of the vehicle. At the same time, the Defendant got injured by the injured party, such as the right-hand head pelle, which requires about five weeks medical treatment, and the Defendant escaped without any necessary measures such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. A statement of the occurrence of H’s traffic accident;

1. A survey report, photographs, and accident scene photographs;

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

1. Relevant legal provisions concerning criminal facts;

(a) Escape after an injury was inflicted on duty: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act;

(b) Unmeasures after traffic accidents that cause damage to articles: Articles 148, 54 (1) of the Road Traffic Act;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the Defendant was drinking at the time.

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