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(영문) 수원지방법원 성남지원 2016.07.19 2016고단1530
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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

Reasons

Punishment of the crime

The Defendant driven BMW car.

On January 29, 2016, the Defendant proceeded with three lanes, one of the three-lanes of gold, from the gamballs of the Gambaeng-gu, Sungnam-si, Gambanam-si, Gambaeng-si, Gamba-si, Sungnam-nam-si.

Since there are two laness, the driver's duty of care to live well on the right and the right and the right and the right of the driver's duty of care to safely change the car line and prevent the accident from occurring.

Nevertheless, the Defendant neglected this and proceeds as it is, and changed the vehicle from the end of the three-lane to the front wheel part of the Defendant’s vehicle, and then changed the vehicle to the front wheel part of the Defendant’s vehicle, the victim D (In this case, 32 years old) who proceeded in the same direction at the first lane in the same direction as the other side of the Defendant’s vehicle, received the front part of the vehicle from the victim’s vehicle in front of the left side of the Defendant’s vehicle, and led the victim to move the front part of the vehicle to the opposite one.

Ultimately, the Defendant, by the above occupational negligence, suffered injury, such as brain injury, etc. for less than a period of three weeks, and at the same time, destroyed the victim’s vehicle by means of an exchange painting, etc., with approximately KRW 11,947,238 of repair cost, and escaped without any measure, such as aiding and abetting the victim by stopping the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim;

1. Each traffic accident report, each photograph, diagnosis document, and quotation;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act (the Act on the Aggravated Punishment, etc. of Specific Crimes) shall be applied to the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the measures not taken after destruction.

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