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(영문) 서울중앙지방법원 2017.08.30 2017고정641
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

On December 16, 2016, the Defendant driven the above car at around 09:00, and driven the road located in Gangnam-gu Seoul Metropolitan Government along the two-lanes between the two-lanes, designated from the hill slope of the shooting distance.

A driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering system and steering gear, and by accurately manipulating the steering system and steering gear.

Nevertheless, the Defendant neglected to do so and proceeded on the two-lanes of the Victim F(64) who is parked in order to board customers on the two-lanes, taken the back part of the G rocketing taxi driving by the Defendant toward the right side of the car running by the Defendant. The Defendant received the parts adjacent to the right side of the I bus driven by the victim H while continuing to run on one-lanes.

As a result, the Defendant suffered injury to the victim F, such as clocks and tensions that require approximately two weeks of medical treatment, and at the same time, destroyed the said G rocketing taxi to use the repair cost of KRW 980,000, such as exchange of back clocks, etc., and escaped without taking necessary measures, such as destroying the repair cost of KRW 80,000, such as back clocks and painting, to rescue the damaged person.

Summary of Evidence

1. Each legal statement of witness F and H;

1. Statement made by the police with regard to F;

1. The actual survey report, a written statement on the occurrence of each traffic accident, a damaged vehicle photograph, and an accident video CD;

1. Application of the written diagnosis and written estimate under each Act and subordinate statutes;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the injury of occupational negligence), Articles 148 and 54 (1) of the Road Traffic Act (the point of non-measures taken after the accident);

1.Article 40 of the Criminal Code of Trade and Trade.

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