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(영문) 수원지방법원 여주지원 2013.09.02 2013고정190

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of CKaman vehicle.

On January 16, 2013, around 23:25, the Defendant proceeded at a speed of about 40-50 km from the heading to the west, Seoul, along with a single-lane distance from the intersection in the direction of the ASEAN branch in the ASEAN-Eup, East-si.

Since there is an intersection where a signal, etc. is installed, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the new code by viewing the front door well.

Nevertheless, the Defendant neglected this and received the left turn turn from the next right-hand part of the vehicle driven by the Defendant due to the negligence of using the front-hand part of the front-hand part of the vehicle driven by the Defendant, which was driven by the Defendant, at the point of the office of the U.S. A. A., the victim D(22 years old), who received the left turn to the front-hand part, and turn to the front-hand part.

As a result, the Defendant suffered injury to the victim, such as chills, tensions, etc. requiring approximately three weeks of medical treatment due to occupational negligence, and escaped without any necessary measures, such as immediately stopping the vehicle, even after destroying the property equivalent to KRW 794,647, such as replacement of the left-hand side, and immediately stopping the vehicle, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. A traffic accident report (1) (2);

1. Photographs related to traffic accidents;

1. The applicant for the certificate of insurance coverage (Mem Ma1 C);

1. A medical certificate;

1. Determination as to the assertion of the Defendant and the defense counsel

1. The alleged defendant reported the accident to the insurance company immediately after the accident, killed the victim, and dispatched the towing vehicle, and the victim left the scene due to erroneous conduct and threatening the victim to leave the scene, so there was no criminal intent to escape.

2. Article 54(1) of the Road Traffic Act, such as aiding victims under Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes.