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(영문) 서울중앙지방법원 2013.03.11 2012고정4846

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

Punishment of the crime

1. Around March 6, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Dokju Vehicle) driven DK7 car owned by C (State) with DK7 car in front of the 638-1, Gangnam-gu, Seoul, Gangnam-gu, Seoul, and proceeded to turn to the left at the left-hand turn at the two-lanes of the galian department store located at Pgalian department store located at Pgalian department.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, shall not drive the motor vehicle at such speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of care to prevent accidents by driving the motor vehicle in a safe manner.

Nevertheless, while neglecting this, he neglected to do so and neglected to do so, he saw that the victim E (the 54 years old) is driving ahead of the same direction, he saw that the driver was working at the Fstststy business-type taxi at the same direction, and he was immediately working.

However, the part of the driver's vehicle in front of the defendant's driver's vehicle was not faced, and the part behind the victim's vehicle was concealed.

As a result, the defendant suffered from the victim's negligence in the course of business about a week medical treatment, and escaped without any relief measures.

2. The Defendant violated the Road Traffic Act (ex post facto action) caused the damage to the unclaimed property of the damaged vehicle, such as the time and place specified in paragraph (1), and the victim vehicle, and escaped without on-site measures.

Summary of Evidence

1. Partial statement of witness E;

1. Statement of the police officer to E (Simplified traffic);

1. Medical records, general medical certificates, and certificates of entrance/discharge;

1. Written estimate;

1. Photographss capturing the dynamic image and photographs of the collisioned parts of the fluor vehicle;

1. Application of Acts and subordinate statutes to a report on investigation (the first report of an accident scene by a police officer);

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed.