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(영문) 광주지방법원 2018.09.13 2018고정515
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who drives Bsch Rexroth vehicles.

On October 28, 2018, the Defendant driven the above vehicle at around 00:19, and led to the cross-section from the south of Gwangju Nam-gu, 39, the south-gu, Nam-gu, Seoul to the white-ro intersection from the side of C University.

At this point, it is an intersection with a signal, etc. installed.

In such cases, the driver of a motor vehicle has a duty of care to check whether there is a motor vehicle traveling along the intersection by reducing speed and checking well the front side of the road, and to prevent accidents by safely driving the motor vehicle in accordance with the traffic signals and instructions.

Nevertheless, it was unreasonable to proceed with the cross-section signal while neglecting this, and while driving the Estyna taxi of the Mad victim D (41 S) drive, the Estynael of the Mad victim's driver's vehicle in normal name, leading directly to the right side of the Defendant's driver's vehicle in front of the Defendant's driver's vehicle, was shocked by the center side of the damaged vehicle's seat on the front side of the Defendant's driver's vehicle.

The Defendant, by negligence in the above occupational negligence, suffered injury to the above victim, such as salt ties and tensions, and tensions and tensions, which require approximately two weeks of medical treatment to the above victim, and to the F (3) who was on the top of the same vehicle operation, around two weeks of medical treatment, and the driver who suffered KRW 5,306,968 of the damaged vehicle repair cost, and escaped without immediately stopping the vehicle and without taking any measures for the relief of the victim.

Summary of Evidence

1. Legal statement of the witness D;

1. A written statement;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Written estimate;

1. A photograph of an accident vehicle;

1. Application of Acts and subordinate statutes to the results of viewing visual images CDs;

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 criminal facts (the point of absence of measures after damage to property) of the relevant 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 of the Criminal Act to attract a workhouse.

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