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(영문) 서울북부지방법원 2013.09.11 2013고정2060
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. A person who is engaged in driving of B Poter cargo vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (unclaimed Measures after Accidents);

On May 19, 2013, the Defendant driven the above vehicle at around 07:30 on May 19, 2013, and proceeded one lane between the four-lanes in front of the “Ahhnnnnan 362, Nowon-gu, Seoul.”

Since a cab in front of the same lane as at the time is driving by the victim C, in such a case, there is a duty of care to ensure that a person engaged in driving of a motor vehicle is able to secure a safety distance sufficiently, to ensure a well-being, and to drive safely.

Nevertheless, the defendant neglected this and proceeded as it is, and received the rear part of the victim's vehicle in front of the defendant's vehicle.

At the same time, the Defendant, by negligence on duty, sustained injuries, such as “influoral salt,” which requires treatment for about two weeks, and at the same time, escaped without any necessary measures, such as stopping and providing relief to the victim, even though the Defendant destroyed the victim’s vehicle so that the repair cost of KRW 354,768 is 35.78.

2. Around 07:40 on May 19, 2013, the Defendant, without a vehicle driver’s license, driven B cargo vehicle at approximately 2 km from the front road of the Gongung-dong, Seoul Special Metropolitan City, Nowon-gu to the front road of the 111-dong Do-dong Do-dong Do-dong Do-dong Do-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report (1) (1)

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of written estimates and written estimates, etc. under the statutes;

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

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