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(영문) 인천지방법원 2013.08.27 2013고정1783

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 a Esch Rexton car.

On January 23, 2013, the Defendant driven the said Grandton car on the 22:03rd day of the 2013rd day of the 831st day of the Yongsan-gu Incheon Metropolitan City, Yeonsu-gu, Incheon, along the three-lane road of the 831st day of the 3rd day of the 1st day of the 1st day of the 1st day of the 3rd road

At the time, there was an intersection where signal is installed at night and at the front, so the driver of the vehicle had a duty of care to live well in the front and safely drive the vehicle according to the traffic signal to prevent the traffic accident in advance.

Nevertheless, the Defendant neglected this and proceeded as it was due to the negligence of the Defendant, and received the part concerning the rear part of the victim F (28 years old) driving G Ecuaps car in front of the direction of the proceeding as the front part of the Fcuaton car.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks, and at the same time, even though the said oos car was damaged to the degree of repair cost of KRW 2,983,086, and escaped without immediately stopping and taking measures such as aiding the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Examination protocol of the accused by prosecution;

1. The actual survey report (1)- (4) and the statement of the occurrence of any traffic accident;

1. Written estimate and written diagnosis;

1. Application of statutes, such as photographs of damaged vehicles;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act (the crimes committed after the accident) shall be more severe;