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(영문) 의정부지방법원 고양지원 2016.11.18 2016고정735
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

At around 19:00 on December 22, 2015, the Defendant driven a F1 ton of Poter Cargo on the front road of E, located in D, Pariju City, and driven a two-lane way from the lasan distance to the lasan distance.

At that time, the victim G (the 54 years of age, the 54 years of age and the 54 years of age) followed the H high-speed vehicle driven by the victim G, and thus, the person engaged in driving service has a duty of care to secure and proceed with the safety distance that can be avoided when the situation is well examined and the situation is stopped.

Nevertheless, while neglecting this, it was trying to find out and stop the damaged vehicle that had stopped by receiving a stop signal, but it did not reach the front part of the Defendant’s vehicle, resulting in an accident following the Defendant’s front part of the vehicle.

As a result, the Defendant, by the above occupational negligence, sustained injury that requires two weeks’ treatment due to the unknown brain death, etc., but did not immediately stop and take measures such as providing relief to the victim, and escaped from the site as it is.

Summary of Evidence

1. Legal statement of witness G;

1. Protocol of the police statement concerning G;

1. The victim actively expressed that it is unnecessary to take relief measures in order to recognize that there was no need to take such measures as rescueing victims of traffic accident actual condition investigation reports, diagnosis reports, and estimates;

Nor can it be readily concluded that there was no need to take such measures on the ground that there was no significant inconvenience in the victim’s movement immediately after the accident, and that there was no need to take such measures on the ground that there was no significant inconvenience in the victim’s appearance, there was no injury, and that there was a relatively minor ex post facto confirmation of the degree of damage. The estimate of the damaged vehicle in the instant accident reached approximately KRW 1.2 million, and the victim was provided medical treatment from night on the day after the accident, and the victim’s driving experience was short at the time of the accident.

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