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(영문) 청주지방법원 2016.10.12 2016고정740
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of five 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 is engaged in driving vehicles B i30.

On July 29, 2016, the Defendant driven the above vehicle at around 02:15, and made the front road of the “Cheongju Agricultural Co., Ltd. Open Branch” located in 34 as the order of Seoju-gu, Seoju-gu, Seoju-gu to turn to the left.

At the same time, there is an intersection where signal lights are installed at night and at the front of that place, so in such a case, there was a duty of care to prevent accidents by driving a person engaged in driving duty while driving a signal well.

Nevertheless, the defendant neglected this and caused the back portion of the Dunched vehicle driven by the victim C, which is driven by the victim C, from the surface of the launch-distance to the launch-face of the driver's vehicle, due to the negligence of driving in violation of the signal, to the left side of the vehicle of the defendant.

As a result, the Defendant suffered injury to the victim, such as salt and tensions that require approximately two weeks of treatment by occupational negligence as above, and at the same time, the Defendant escaped without taking necessary measures, such as saving the victim by immediately stopping the said rocketing vehicle, even though it damages KRW 2,415,591 for repairing costs.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A written diagnosis and written estimate;

1. Application of statutes on site photographs;

1. Article 5-3 (1) 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;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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