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(영문) 수원지방법원 안산지원 2012.03.23 2011고정1097

특정범죄가중처벌등에관한법률위반(도주차량)

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving Cone Star Vehicle.

On October 26, 2010, the Defendant driven the above vehicle at a speed of about 10 to 20 km from the Gun elementary school to the Silver Corporation at a speed of about 10 to 20 km.

In such cases, the driver has a duty of care to prevent accidents by safely manipulating the steering direction and brake system and safely.

Nevertheless, due to the negligence of neglecting this, the victim D(60 years of age, women) was placed on the left side of the victim D(60 years of age, women) who was coming from the right side of the vehicle.

Although the Defendant, by negligence in the course of business as seen above, suffered injury to the victim, such as a fladrating fladrat, etc. on the right spath in which the number of treatment days cannot be known, the Defendant immediately stopped and escaped without taking measures, such as aiding

Summary of Evidence

1. The fourth protocol of trial (the statement of witness D);

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. A medical certificate (23 pages of investigation records);

1. Application of Acts and subordinate statutes to photographs related to accidents;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the relevant criminal facts and the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant asserts that the defendant's assertion against the defendant and his/her defense counsel under Article 334 (1) of the Criminal Procedure Act does not escape without taking measures after an accident since he/she left the scene as the victim's injury was not serious and there is no need for relief.

In light of the degree of injury, etc. of the victim recognized by comprehensively considering the results of the accident, the medical certificate submitted by the victim, and photographs related to the accident, the necessity to rescue the victim at the time of the accident is sufficiently recognized.