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(영문) 인천지방법원 2017.05.26 2017고정559
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle with B low speed, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Aggravated Punishment, etc. of Specific Crimes") and the Road Traffic Act (after an accident).

On September 27, 2016, around 09:55, the Defendant stopped at the edge of a school-interest distance in front of the Nam-gu Incheon Metropolitan City C, which led to a rapid slow speed.

In such cases, there was a duty of care to prevent accidents in advance by accurately manipulating all, after, and after, persons engaged in driving of motor vehicles.

Nevertheless, the Defendant neglected this and tried to stop without taking measures such as aiding the damaged person or confirming the degree of damage, etc., even though the victim D (36 tax , n.e., n., n., n. kn.) driven by the victim D (36 tax n.e., n., the left-hand side of the car driving n.e., the Defendant left-hand side of the above n.e., the n. n. n. n. k.e., the Defendant suffered injury to the victim by the light n.e., a light k., requiring three-day medical treatment, and at the same time, the above n.e., even if the repair cost was damaged by a total amount of KRW 1,071,3

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is a person who is a real holder of the said low-priced car.

The defendant operated the car that is not covered by liability insurance, which is a medical insurance at the above date and at the above location.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident and a report on actual investigation;

1. A report on investigation (to screen records of damaged vehicles and videos);

1. Written estimate;

1. Inquiry into mandatory insurance;

1. A medical certificate;

1. Application of Acts and subordinate statutes by capturing a damaged vehicle photograph, a fluor photograph, a motion picture of the damaged vehicle, or a motion picture of the damaged vehicle;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under Article 5-3 of the pertinent Act.

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