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(영문) 서울북부지방법원 2016.11.24 2015고정530
특정범죄가중처벌등에관한법률위반(도주차량)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is driving a D SP car owned by himself.

On November 6, 2014, at around 22:45, the Defendant driven the said car on the front side of the F real estate located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and proceeded to the speed of about 20 km in the direction of the police box in the front of the F real estate.

The place is a roadway or a road without distinction between sidewalkss.

In such cases, drivers shall not drive at such speed or in such a manner that the steering system, brakes, and other devices of vehicles accurately, the traffic conditions of roads, and the structure and performance of their vehicles, and shall not drive them at such a speed or in such a manner as may cause any danger or impediment to others, and have a duty of care to report the traffic situation well and safely prevent accidents in advance.

Nevertheless, the defendant neglected to do so and proceeds as it is.

In the opposite direction, the left-hand elbow of the victim G(52 years old) who was placed on the opposite direction was shocked on the left-hand side of the defendant's vehicle.

As a result, the Defendant suffered injury, such as “influenites and sorts on the left side,” which requires approximately three weeks of medical treatment, but went away from the site without taking necessary measures, such as rescue of the victim.

Summary of Evidence

1. Legal statement of witness G;

1. The police statement concerning G;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and a supplementary statement on the actual condition of a traffic accident (4);

1. A medical certificate;

1. Application of the Acts and subordinate statutes on CCTV video files;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the relevant criminal facts and the selection of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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