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(영문) 수원지방법원 성남지원 2016.06.30 2016고정564
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 driven a Bsch Rexton car.

On November 18, 2015, the Defendant driven the above car at a low speed on November 18, 2015, and proceeded one-lane road in front of Gyeonggi-do, Seoul, Seonam-do, with the primary moving residents' license from the Maart-si to the low speed.

There is a place where the center line of yellow solid lines is installed, and a person engaged in driving motor vehicles has a duty of care to safely operate the motor vehicle along the lane by checking well the right and the right of the front and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and went beyond the central line, and brought the front wheel part of the victim D(51C)'s rocketing car, which was parked in the opposite part, with the front wheel part of the said Bosch Rexton car's left-hand part.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury, such as fluoral salt, which requires treatment for about two weeks, and at the same time escaped without taking necessary measures such as providing relief to the injured party by immediately stopping, even though the repair cost for the said fluoralton car, which is the victim, is damaged to the extent of 2,521,000 won, such as exchanging the front fluoral, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. A traffic accident report, a traffic accident occurrence report, and intensity, each photograph, diagnosis document, and written estimate;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, the crime of violating the Road Traffic Act and the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, and punishment as the former crime);

1. Selection of a selective fine for punishment (as the risk is high according to the images of the accident, a fine for a summary order shall be imposed).

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