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(영문) 의정부지방법원 고양지원 2015.02.05 2014고정1021
특정범죄가중처벌등에관한법률위반(도주차량)
Text

Defendant shall be punished by a fine of KRW 5,000,000. If the Defendant fails to pay the said fine, 100.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a D-car.

On March 24, 2014, around 19:50, the Defendant continued the front road of the F cafeteria E located in Yongsan-gu, Seoyang-gu, Seoyang-si in the direction of the Central 3rd mix.

At all times, the signal lights and crosswalks are installed on the front door, so in such a case, the driver of the motor vehicle has a duty of care to prevent the occurrence of the accident by safely driving the motor vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and caused the victim G (the age of 43) who dried the crosswalk according to the pedestrian signal by negligence in violation of the signal, to shocked the front part of the said car.

Ultimately, even though the Defendant suffered from an injury, such as climatic salt, etc., for about two weeks of medical treatment by occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. The actual condition of traffic accidents;

1. A medical certificate;

1. Determination on the assertion of the accident vehicle photograph, defendant and defense counsel

1. The defendant and his defense counsel immediately stopped the accident and tried to the effect that the defendant's driver's license, etc. is not arbitrarily separated from the scene of the accident while dividing the victim's side and talk about about 40 minutes at the scene of the accident, and they do not leave the scene of the accident. Although the defendant again requested the victim to leave the hospital, the victim's refusal to leave the scene of the accident is not a criminal intent of the escape.

2. Determination

A. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”) provides that “When a person runs away without taking measures under Article 54(1) of the Road Traffic Act, such as aiding and abetting the victim.”

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