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(영문) 서울중앙지방법원 2013.03.27 2012고정5823

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

1. Around 00:30 on August 9, 2012, the Defendant driven a freight vehicle of C New Zealand, and proceeded with the side road between Salydong-dong 1010-28 and Sacheon-dong-dong-dong, Dongjak-gu, Seoul, in the direction of Ireland on the front side of the Southern Elementary School.

Although the Defendant had a duty of care to prevent accidents by accurately operating the steering gear and steering gear, the Defendant neglected to do so, and the Defendant's bicycle portion of the victim D (age 41) on the left side of the driving direction, which wning a bicycle on the left side of the driving direction, conflict with the left side of the vehicle in front of the left side.

Thus, the defendant suffered injury to the victim D (the age of 41) for about three weeks after stopping immediately at the scene to rescue the injured. At the same time, the defendant did not stop immediately and stop the bicycle owned by the victim so that there is about 300,000 won, and did not take necessary measures.

2. On August 9, 2012, the Defendant, at around 00:30, driven approximately 1.5 kilometers on the road above that 106-20 kilometers prior to that 1006-20 meters prior to that 10.5 kilometers, starting from the road front of the exit station located on the 5th page of the Jindong-dong, Dongjak-gu Seoul Metropolitan Government, and stopped after the accident as referred to in paragraph (1).

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Legal statement of witness D;

1. A report on detection of a host driver;

1. A medical certificate;

1. Photographs of the damaged part on the left-hand side of the victim;

1. Investigation and reproduction photographs on the accident site;

1. Application of the video CD-related statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning the crime;

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