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(영문) 의정부지방법원 2016.12.15 2016고정1799

특정범죄가중처벌등에관한법률위반(도주차량)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 of the Grandland Kapool.

On May 9, 2016, the Defendant driven the above van on the 19:15th of May 2016, and led the two-lane road in front of the Namyang city along the two-lanes from the side of the Hanyang Hospital to the south Library.

Since there is a three-distance intersection, there was a duty of care to safely drive a vehicle by reducing speed to a person engaged in driving the vehicle and accurately manipulating the steering gear, brake system, etc.

Nevertheless, the Defendant neglected to do so and entered the right-hand side of the vehicle, which the victim E (Woo, 36 years old) drives from the left-hand side of the running direction to the right-hand side of the vehicle, received the back part of the F II-man's right-hand side of the vehicle above.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, etc. in the right shoulder section, which requires treatment for about two weeks, and at the same time, escaped without taking necessary measures, such as stopping and saving the victim, even though the Defendant destroyed and damaged the above 2nd car, such as the exchange of the preceding 1,373,550 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

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. All images of a photograph related to an accident, a photo of the scene of the accident, and a photograph by taking a photograph;

1. Application of Acts and subordinate statutes as a result of the reproduction of black boxes and video CDs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 54 (1) of the Road Traffic Act, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act (a point of view of measures not taken after the accident);

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.