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(영문) 수원지방법원 성남지원 2019.06.04 2019고정133

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

The defendant is a person who is engaged in driving of a B Abdol XD car.

On October 19, 2018, the Defendant driven the above vehicle on October 11, 2018, and moved to the direction from the direction of the village distance to the direction of the village distance, regardless of whether it came to the private distance in the location of the sperm-dong in Sungnam-si.

Since a signal, etc. has been installed at the above intersection, the driver of the motor vehicle had a duty of care to prevent accidents by safelypassing the direction and surrounding traffic situation before entering the intersection so that the driver of the motor vehicle does not obstruct the passage of other motor vehicles driving along the intersection in accordance with the new code.

Nevertheless, the Defendant neglected to do so and entered the red light of the above signal, etc. into the two-lanes, and was driven by the victim C(W, 39 years old) who was proceeding in accordance with the straight line of the above intersection, and was driven by the Defendant as the front part of the car driving by the Defendant.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the said victim and the said victim E (the said victim’s 43 years old), such as salt pans, tensions, etc., which require a two-day medical treatment, and at the same time, the repair cost of KRW 2,105,150, which destroyed the said golf car to the extent that the said golf car was damaged, and escaped without taking necessary measures, such as immediately stopping the said golf car and providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a traffic accident report (five pages), photograph of each vehicle (12, 27 pages, and 60 pages of investigation records), medical certificate, written estimate (64 pages of investigation records);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act as to the crime under the applicable law, and Article 268 of the Criminal Act.