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(영문) 인천지방법원 2017.08.16 2017고단3474
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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 driving of a motor vehicle by obtaining a franchise.

On February 24, 2017, the Defendant driven the above car at around 19:41, and proceeded at the speed of about 20 km at the speed of 20 km in the first apartment room in Yeonsu-gu Incheon, the front road in the Yeonsu-gu Incheon.

It is a road that a vehicle passes through, and in such a case, the driver of the vehicle has a duty of care to prevent accidents by properly manipulating the front door and the left and right of the vehicle, and by properly manipulating the brakes, steering system, steering system, etc.

Nevertheless, the Defendant neglected this and proceeded with the part of the front part of the vehicle by neglecting the part of the victim G (48) driver’s H observer car which was stopped by negligence, and shocked into the front part of the vehicle.

Ultimately, the Defendant, by occupational negligence, committed an injury to the victim, such as salt, tensions, etc., requiring medical treatment for about two weeks, and, at the same time, did not immediately stop the said observer car owned by the victim and escape without taking necessary measures, such as providing relief to the victim, even though it destroyed the 1,591,654 won of repair costs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 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 Article 148 and Article 54 (1) of the Road Traffic Act (the point of non-measures after the injury) concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, for which any punishment is more severe) for the ordinary concurrent crimes;

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

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