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(영문) 춘천지방법원 강릉지원 2016.09.01 2016고정111
특정범죄가중처벌등에관한법률위반(도주차량)
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 drives a CCopi-sports cargo vehicle.

On November 11, 2015, the Defendant was in the direct progress of the intersection in front of the E-cafeteria located in Gangnam-si D around 23:10 on November 11, 2015, from the Gannam Middle School to the Ponam 1st Kan apartment.

At the same time, the passage of the vehicle was frequent through the intersection where no signal apparatus is installed, and as the accident occurred at night at the time of the accident, there was a duty of care to enter the intersection after checking the vehicles that are driven by the intersection before entering the intersection and driving by the front direction.

Nevertheless, due to negligence that entered the intersection as it is, the victim F (53 years old, n) driving, who was going straight from the right side of the intersection to the air room of the East Indones Hospital, has been shocked to the right side of the defendant vehicle, resulting in a traffic accident that causes the victim's injury, such as a typrying of a scar, etc. of a scarbble, which requires two-day treatment, but has escaped without confirming the details of the damage and providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The police statement concerning F;

1. The actual condition survey report and photographs of vehicles;

1. The Defendant asserts that the instant traffic accident was entirely caused by F’s negligence, and even if the Defendant left the site, it does not constitute a constituent element of the Act on the Aggravated Punishment, etc. of Specific Crimes (the instant traffic accident).

According to the CCTV images and the de facto survey report, etc. recorded at the time, the vehicle of the defendant was passing through the center of the intersection, and the vehicle of F was in conflict immediately after entering the intersection, and the collision side seems to correspond to the defendant's defense part on the right side of the vehicle of the defendant and the front part of the F vehicle.

However, the following circumstances, which are acknowledged by the evidence of the ruling, are ① F.

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