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(영문) 수원지방법원 성남지원 2019.02.14 2018고정1160

특정범죄가중처벌등에관한법률위반(도주치상)

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person who drives a passenger car by borrowing B.

On August 14, 2018, at around 10:10, the Defendant moved bypassing the way distance from the direction of the illegal teachers’ parking lot to the aesthetic speed in the direction of the temporary teachers’ distance.

The driver of any motor vehicle shall accurately operate the steering system, brakes and other devices of his/her motor vehicle and shall not drive his/her motor vehicle at a speed or in such a manner that may cause any danger and impediment to others according to the traffic conditions of the road and the structure and performance of his/her motor vehicle.

Nevertheless, the Defendant neglected such duty of care and proceeded as it is, without disregarding the knee part of the victim D, who provides guidance to control the mae parking by negligence on the right side of the vehicle, and led the victim to a collision and stop once due to the front part of the Defendant vehicle.

After all, the defendant, while moving to the left side on the right part of the victim's bridge in accordance with the receipt of the victim's front right part of the defendant's vehicle, reconfising the victim's bridge part into the front part of the defendant's vehicle and coming beyond the main part of the vehicle, and attempted to escape without any measures such as providing assistance to the victim, such as providing assistance to the victim, even though he suffered injuries to knee, knee, and other detailed parts of the victim's kne, which require treatment for about two weeks in advance, knee and tensions, knee, tye, gale, spathum, sofum, and tension.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A fact-finding report and an investigation report (Submission of a medical certificate and medical records);

1. In order to establish the crime of escape and driving in determining the assertion of the accused and the defense counsel of the vehicles booming video, the occurrence of the result of the victim's thought must occur. Thus, the mere danger to life and body is limited or the crime of escape and driving is limited to Article 257 of the Criminal Act.

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