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(영문) 대구지방법원 서부지원 2012.10.26 2012고정1258

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 2, 2012, around 18:35, the Defendant driven a D Doha Sha car, which led to two-lanes from three-lanes in front of the Mayang-ri, the Dona-Eup, Dapo-gu, Daegu, to a multi-station from the direction of the Mana-ri distance.

There are four streets in which signal lights are installed, and in the front door, vehicles have stopped for signalling, so in such a case, the driver of the vehicle has a duty of care to prevent the accident by securing the safety distance as well as driving the vehicle.

Nevertheless, the Defendant neglected this and proceeded as it is, while driving at the front of the traffic signal atmosphere, received the back portion of the F bodystma car of the victim E (the age of 50) driving at the front of the passenger car above.

As a result, the Defendant suffered salt and tensions, etc. from the victim, which requires treatment for about two weeks by occupational negligence as above, and at the same time, the Defendant, while destroying and damaging the said body-man car in an amount of approximately KRW 737,300 to repair cost, did not immediately stop, and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

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

1. The actual survey report on traffic accidents;

1. A written diagnosis, written estimate, or paper of progress records;

1. Determination as to the defense counsel's assertion of each photograph (victimd vehicles and harming vehicles)

1. The defense counsel asserts that the defendant had no intention to commit a crime of escape since the defendant was absent from the scene after the accident occurred because the victim was not at the time of the accident, and the defendant was not at the time of the accident but at the time of moving the vehicle immediately after the accident, asked the insurance company to accept the accident, informing the victim of the telephone number of the defendant, and leaving the scene after the accident.

2. The Act on the Aggravated Punishment, etc. of Specific Crimes;