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(영문) 서울북부지방법원 2013.11.28 2013고정1296
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) is a person driving CJ-5 vehicles.

On March 16, 2013, around 01:58, the Defendant driven the said vehicle on the exclusive exclusive road for the East Eastern apartment located in Seoul Special Metropolitan City, Nowon-gu, at a speed of 70km per hour between the three-lanes to the government from the direction of sex water.

The driver of any motor vehicle has a duty of care to prevent any change of course when it is likely to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change course.

Nevertheless, the Defendant caused the change of course in violation of this, and contacted the part on the right side of the victim D (the age of 61) driving in the same direction as the other side of the driver's vehicle into the left side of the Defendant.

The Defendant, by these negligence, went away from the accident site without taking necessary measures to inflict an injury on the climatic base and the climatic base, which requires treatment for about two weeks.

2. Violation of the Road Traffic Act (outstanding measures after accidents) the Defendant destroyed the victim’s D Driving E-motor vehicle’s right horizontal lamps and 11 kinds of goods outside the 11th place, so that the repair cost can be estimated by the above negligence.

Summary of Evidence

1. Legal statement of witness D;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

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

1. A medical certificate;

1. Written estimate;

1. Application of accident video CD-related Acts and subordinate statutes;

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

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

1. Selection of an alternative fine for punishment;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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