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(영문) 서울북부지방법원 2013.07.18 2013고단888
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurd-Wurt Motor Vehicle.

On April 5, 2013, the Defendant driven the said car at around 06:55, and proceeded at about 30km each hour from the distance of all the cities to the direction of the 30km each other, along the two-lanes from the distance of all the cities to the direction of the 68-1-dong, Dongdaemun-gu, Seoul.

Since there is an intersection where signal lights are installed in the front bank, in such a case, the driver of the vehicle has a duty of care to check whether there is a vehicle driving through the intersection by reducing the speed and by properly examining the right and the right and the right and the right of the vehicle and to safely drive the vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and proceeded by negligence, disregarding that the vehicle progress signal was changed to the stop signal, and received the front part of the front part of the Einna-si driving by the victim D (the age of 66) who passed the intersection in accordance with the right straight signal from the left side of the Einna-si driving in the right side of the vehicle of the Defendant.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt ties and tensions that require approximately two weeks of medical treatment, and at the same time, destroyed the said taxi to take measures equivalent to KRW 1,037,670 of the repair cost, but escaped without immediately stopping the said taxi and taking measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. Each photograph;

1. A medical certificate;

1. Application of the Acts and subordinate statutes on car inspection and maintenance specifications;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act (the point of imposition after the destruction of property);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a fine for negligence;

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