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(영문) 서울남부지방법원 2018.09.28 2018고정820

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 of a rash passenger vehicle B.

A. On December 17, 2017, the Defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escapeing vehicle), driven the said passenger car as of December 17, 2017, and led to the left turn to the left on the front of Yangcheon-gu Seoul Metropolitan Government roads from both middle schools located in the vicinity of the Gangseo-gu Seoul Metropolitan Government, one lane among the two lanes in the direction of the strong mountain distance.

The place is where the central line is installed with a double solid line of yellow.

In this case, the driver of the vehicle has a duty of care to avoid traffic accidents in advance by not breaking the center line to the driver of the vehicle, and operating the right side of the center line.

Nevertheless, the defendant neglected such duty of care and caused the victim D(25 years old, South) who operated the E e e e e e e e e e e e e e e e e e e e e ray in the direction of the two middle school in the direction of the two middle school from the shooting distance of the e e e e e e e e s

As a result, the Defendant suffered from the injury of the victim, such as NOS, the lower and pelvis spons, and tensions, which requires approximately two weeks of treatment due to occupational negligence, and immediately lowered the victim and left the scene without any necessary measures, such as rescue measures.

B. Defendant 1 who violated the Road Traffic Act (unnecessary Measures after Accidents) destroyed property of KRW 2,245,500 of the repair amount of the two-wheeled automobile driven by the victim due to a traffic accident as referred to in the above “A” and escaped by using the passenger car driven by the Defendant without any measure.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on a traffic accident, a report on the occurrence of a traffic accident, a written statement on the occurrence of a traffic accident, and a written statement on the occurrence of an accident involving witnesses;