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(영문) 춘천지방법원 2016.08.25 2016고합38
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 the business of driving Crando taxi.

On February 15, 2016, the Defendant was driven by the Victim F (46 years of age) who driven the said road along the two-lanes while driving along the two-lane road in front of E in front of E in front of the city of Won-si, along the one-lane from the boundary of the original state to the boundary of the school junior middle school. On February 15, 2016, the Defendant was driven by the Victim F (46 years of age) who driven the said road along the two-lanes.

Ultimately, even though the Defendant damaged the said bents car to have approximately KRW 6,127,20,000 for repair, the Defendant immediately stopped and escaped without taking necessary measures.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F and H;

1. The part concerning F’s statement in the protocol of interrogation of the police officer against the defendant (second time, second time, and second time)

1. A survey report on actual condition, a report on internal investigation (as to the verification of a list of Genz Vehicles), and a report on internal investigation (as to on-site inspection and additional verification of private CCTV);

1. Written estimate (Ma2 vehicles);

1. Application of accident scene photographs, photographs, CD-related Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Determination as to the assertion by the Defendant and the defense counsel under Articles 70(1) and 69(2) of the Criminal Act, which are confined in a workhouse

1. The gist of the assertion is that this case was a minor contact accident and there was no product at the scene of the accident, and the defendant was proceeding at an ordinary speed at the normal speed without the median line or the signal violation after the accident. Therefore, the defendant is not obligated to take necessary measures under Article 54(1) of the Road Traffic Act.

2. Determination. A. The purport of Article 54(1) of the Road Traffic Act is to prevent and eliminate traffic risks and obstacles on the road, thereby ensuring the safe and smooth flow of traffic, not to recover the physical damage of the victim. In this case, the driver is on the spot.

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