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(영문) 인천지방법원 2016.01.18 2015고정3736

특정범죄가중처벌등에관한법률위반(도주차량)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 a vehicle B with a son.

On September 16:50 on September 5, 2015, the Defendant moved down the front road of the D Factory located in Seo-gu Incheon Metropolitan City, Incheon, at a speed of about 60 kilometers a speed of about 60 kilometers a speed from the direction of the IIC to the direction of the 3-lane in the direction of the IIC.

At the same time, the above road was a day, and since the above road was at the intersection of the road of the six-lanes and the road of the two-lanes across the two-lanes, the passage of other vehicles is controlled by signal apparatus, and therefore, the person operating the above place was at a place where the traffic of other vehicles is controlled by the signal apparatus, and therefore, he was at the duty of care to prevent traffic accidents by properly operating the steering gear and the brake system, and operating it.

Nevertheless, the Defendant neglected to do so and neglected to control the straight transit of the above intersection and received the front part of the driver's length in front of the driver's length in front of the driver's-on vehicle driving by the victim E (28 Doe) who was going straight in the direction of the left side in the direction of the defendant's occupational negligence in violation of the red light.

As a result, the Defendant, by such occupational negligence, sustained injury to salt and tensions of the bones of wood, which requires medical treatment for about two weeks, and at the same time, escaped without any necessary measures, such as immediately stopping a vehicle after destroying 892,857 won of its repair cost, without any necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. Photographs of the damaged vehicle;

1. Written estimate;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after the injury from duty) concerning the crime;

1. Trade name;