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(영문) 서울중앙지방법원 2016.10.26 2016고단4941

특정범죄가중처벌등에관한법률위반(도주차량)

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

around 00:10 on March 5, 2016, the Defendant driving a M EcooS car and proceeded with a road of one lane in front of the “O” house located in the Gwanak-gu Seoul Special Metropolitan City N from the south cycle to the Hun-dong Do.

Since there is a place where the roadway and the sidewalk are divided into about 10cm height, there is a duty of care to prevent accidents with pedestrians above the sidewalk in advance by accurately manipulating the steering system and the brake system while the driver of the motor vehicle is well aware of the embankment.

Nevertheless, the Defendant neglected to perform his duty of care in front of the vehicle, and failed to accurately operate steering devices and brakes, which led to the Defendant’s failure to go beyond the string of the road and the sidewalk beyond the string of the sidewalk, and caused the Defendant to go beyond the floor by shocking the part of the victim P, which was going in the same direction as the Defendant’s vehicle driving direction, according to the above report.

Ultimately, even though the Defendant suffered from the loss of bodily integrity of two weeks of treatment by occupational negligence as above, the Defendant immediately stopped the victim and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Each police protocol of statement of Q, R and P;

1. A traffic accident report;

1. Investigation report (receiving process and black images);

1. A investigation report (CCTV image);

1. Blubbbbling images and CCTV images CDs;

1. The above evidence, in particular, the contents and circumstances at the time of the traffic accident in this case, which can be seen by the black stuff images and CCTV images recorded at the time of the accident, i.e., the Defendant’s vehicle driven over a distance exceeding 10cc high, e.g., the victim was faced with the right side of the vehicle, and the external string of the vehicle was in mind at the time.