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(영문) 광주지방법원 2016.08.18 2016고단2231
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM5 car.

On April 2, 2016, the Defendant driven the above car at around 23:10, and proceeded with a road without a central line in the Nam-gu, Nam-gu, Gwangju, into a green apartment room.

At the time, traffic control is conducted at night and without any signal, so the driver of the vehicle has a duty of care to temporarily stop and check the right and the right and the right of the vehicle and to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and followed the Defendant’s negligence, which led to the Defendant’s failure, received the front wheel part of the Victim F (16 Doh) G Hab in the direction of the right side of the said car, from the front side of the said car, with the front side part of the said vehicle’s right side, and got the victim’s H H I fex car, parked on the right side of the said car, which was parked on the right side of the said vehicle.

As a result, the Defendant, by such occupational negligence, sustained injury on the right side of the victim F, which requires approximately two weeks medical treatment, and at the same time, avoided the front wheels, etc. of the above Obane in the repair cost of KRW 1,020,00,00, and attempted to flee without taking necessary measures, such as immediately stopping and aiding the damaged person, even if the Defendant damaged the repair cost of the 1,020,000 won of the above Obane car.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H, F, and J;

1. The actual investigation report on traffic accidents;

1. A medical certificate;

1. Application of each written estimate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after the accident) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes

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