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(영문) 의정부지방법원 2016.06.10 2015고단4355

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-A-hurd motor vehicle.

On August 14, 2015, the Defendant driven the above vehicle at around 06:50 on August 14, 2015, while driving the gold crossing in the Geumyang-si, Jyang-si, Jyangyang-si, along one lane between the three lanes in the direction of Seoul.

Since a signal, etc. is installed at the same time, all drivers of vehicles have a duty of care to reduce the speed, to live well on the front side and the right and the right, and to drive safely in accordance with the signals.

Nevertheless, the Defendant neglected this and neglected to stop the electric-way signal, but neglected it, and caused the victim D(30 taxes) driving to turn to the left pursuant to the new code, which was due to the negligence of disregarding and blocking it, the front part of the Era car was shocked by the front part of the Defendant’s car driver’s seat.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim, such as salt pans, tensions, etc., requiring treatment for about three weeks, and at the same time, even though the said rash was damaged by the repair cost of KRW 290,054, the Defendant immediately stopped and escaped without taking measures, such as providing relief to the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A traffic accident investigation report and a traffic accident occurrence report;

1. A photograph of a suspect vehicle by cutting a black stuffe image;

1. A medical certificate;

1. Written estimate;

1. Application of the laws and regulations for reporting the investigation of vehicles booms cd and investigation of the person under investigation;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of failing to take measures after the accident)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine (in violation of the signal, the occurrence of a traffic accident and the necessary measures are not taken, and such escape shall be considered disadvantageous circumstances or comprehensive insurance.