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(영문) 수원지방법원 2014.02.05 2013고정2520
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM5 car.

On April 24, 2013, the Defendant driven the above car on April 24, 2013, and proceeded one lane of 58 km-ro 47 km-gu, Suwon-si, Suwon-si, Suwon-si, with the view to 40 km-ro from the jurisdiction of the Gyeonggi-do Office of Education to the front apartment-dong, Chowon-dong, Jeju-do Office of Education.

Since there is an intersection where traffic control is not performed, the driver has a duty of care to check whether there is a cross-road vehicle by living the front door well and reducing the speed of the driver, or temporarily stopping, and to safely drive the vehicle.

Nevertheless, the defendant neglected to do so and did not see the front side of the passenger car by the victim's drive E, which was driven by the left side from the right side of the closed-down direction, was received by the defendant as the fronter on the left side of the passenger car.

Ultimately, the Defendant, by occupational negligence above, destroyed the victim’s car to be approximately KRW 1,649,839 of the repair cost, and escaped without taking necessary measures.

Summary of Evidence

1. Legal statement of witness D;

1. Statement made to D by the police;

1. A survey report on the actual condition of a traffic accident and a field map of an accident;

1. Written estimate;

1. Application of an accident site photograph, photograph of a melting vehicle, and Acts and subordinate statutes governing the damaged vehicle photograph;

1. Relevant provisions of the Road Traffic Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the selection of criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The victim's vehicle to judge whether the violation of Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order (SP) of the Road Traffic Act (SP) was in a state where the wheels, etc. was damaged due to the shock of the traffic accident in this case, and thus the vehicle was stopped at the intersection where the vehicle passed (SP's legal statement of witness D) and the defendant left the scene without sufficient measures to do so. If there are such circumstances, the defendant left the scene.

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