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(영문) 서울중앙지방법원 2017.09.06 2016고단8441
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 a BMW car.

On October 11, 2016, the Defendant driven the above vehicle at around 01:40 on October 11, 2016, and led to the direction from the station to the hill station of the tezines groid in Gangnam-gu Seoul, Seoul.

Since there is an intersection where signal lights are installed, there was a duty of care to safely drive a person engaged in driving service in accordance with good faith.

Nevertheless, the Defendant neglected this and obstructed the course of the victim E ( South, 61 years old) who was directly engaged in light of the signal from the right edge to the clock distance on the side of the madern by negligence disregarding the red signal of vehicle stop, and caused the victim to have the back part of the right edge of the Defendant’s vehicle by interfering with the course of the victim E (the victim E ( South, 61 years old) in front of the victim’s taxi.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as finite salt, tension, etc. in need of treatment for about three weeks, and at the same time, escaped without immediately stopping the damaged vehicle so that repair expenses equivalent to KRW 2,448,228 of the victim’s taxi can amount to KRW 2,48,228, without taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. The actual investigation report on traffic accidents;

1. A written statement on the occurrence of traffic accidents;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs of accident vehicles;

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;

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

1. Selection of a selective fine for punishment (such as the fact that the defendant is the primary offender, the fact that the victim does not want the punishment of the defendant in agreement with the victim, and the extent of the injury and damage in this case is not relatively much severe);

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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