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(영문) 서울남부지방법원 2013.05.15 2013고정842
특정범죄가중처벌등에관한법률위반(도주차량)
Text

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

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

Reasons

Punishment of the crime

The defendant is a foreigner who obtains a Class 2 ordinary (C) driver's license and drives a class E high-speed car in the name of D for business purposes.

On November 3, 2012, the Defendant driven the above vehicle at around 20:40 on November 3, 2012, and proceeded with a one-lane side road in the direction of Sshackacoacoas in the Chinese-style apartment room in front of the clothing store in Young-gu Seoul, Young-gu, Seoul, as a speed of about 10km, and arrived at the point of accident.

The driver of any motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle and shall not drive the motor vehicle at a 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.

Nevertheless, due to the negligence of neglecting the Jeonju-si, the part of the victim F(53) who walked on the left-hand side of the road in the direction of the operation of the vehicle in the direction of the Madle-si, was shocked with the front-hand part of the driver's seat of the vehicle, and re-sicked with the second half of the Madle-hand part.

Ultimately, the Defendant suffered injury to the victim FF (the age of 53) for about two weeks due to such occupational negligence, and escaped without taking necessary measures such as rescue of the victim at the site.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, G, H, and I;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the relevant criminal facts and the selection of punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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