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(영문) 의정부지방법원 2017.09.14 2017고정731
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 2,000,000 (No. 2,000).

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

Reasons

Punishment of the crime

On July 1, 2016, the Defendant driven D's low-income cars around 18:05, and proceeded as one-lane on the roads between Seoul and Chuncheon, Seoul-do, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-do, Seoul-ro. 7.5 km.

At the same time, there was a vehicle in front of the same direction, so that the person engaged in driving of a motor vehicle had a duty of care to safely drive the motor vehicle by properly manipulating the steering gear, brake system, etc.

The Defendant, by negligence of neglecting the duty at the time of the preceding week, failed to stop and stop immediately to take necessary measures, while receiving the back part of the FF car driven by the victim E as the front part of the car, thereby damaging the repair cost of KRW 641,958.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. A fact-finding survey report and a traffic accident occurrence report;

1. On-site map;

1. Photographs of damaged vehicles;

1. Photographss of damaged vehicles by cutting booms;

1. Application of the written estimate for damaged vehicles;

1. Relevant legal provisions and Articles 148 and 54(1) of the former Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016) on criminal facts (amended by Act No. 14356, Dec. 2, 2016)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The summary of this part of the facts charged is as follows: (a) the Defendant was taking part of the back part of the F Kaman car driven by the victim E with the front part of the franchise vehicle as part of the front part of the vehicle; and (b) the victim E and Kaman car G, and H suffered bodily injury, such as catum catum, which requires two-day medical treatment; and (c) the Defendant immediately stopped and escaped from the scene without taking measures such as providing relief to the victims.

2. Measures pursuant to Article 54(1) of the Road Traffic Act, such as aiding and abetting the damaged person under Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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