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(영문) 서울북부지방법원 2021.03.10 2020고정1330
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 9, 2020, at around 07:05, the Defendant driven a Grand Cross Cargo Vehicle B, and driven the front road of Seongbuk-gu Seoul Metropolitan Government D at a speed below the two-lanes between the four-lanes in the direction of Seongbuk-gu in the direction of Seongbuk-gu, Seongbuk-gu.

In such cases, a driver of a motor vehicle shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the road traffic conditions, the structure and performance of the motor vehicle, and has the duty of care to prevent accidents in advance by safely reporting the traffic situation.

Nevertheless, the Defendant caused an accident where the damaged vehicle E(40) operating this FK7 car, which was sent to turn to the left in the direction of the beam from the front direction due to the negligence of driving the vehicle in the front direction while neglecting the front direction, led to an accident that leads the left part of the driver's left part to the front right part of the vehicle under consideration.

As a result, the Defendant suffered injury to the victim E who driven the damaged vehicle, such as salt, tensions, etc. requiring a treatment for about two weeks in advance, and injury to the victim G, such as crums and tensions, which require a treatment for about two weeks in advance, and at the same time, the Defendant went away from the affected vehicle without taking necessary measures such as providing relief to the victims by immediately stopping the vehicle, even if the Defendant damaged the property amounting to approximately KRW 1,260,308 in the estimate of repair “, etc.” and immediately stopping the vehicle and leaving the scene.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of the occurrence of each traffic accident in E and G;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of the statutes on parts of the victim's vehicle damaged;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 of the Road Traffic Act, Article 54(1) of the Road Traffic Act (the point of non-measures after an accident) regarding criminal facts under the pertinent provision of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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