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(영문) 광주지방법원 2016.08.11 2016고단1859
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. Defendant shall be punished by a fine of KRW 10,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a KS7 car.

On April 16, 2016, the Defendant driven the above car at a speed of 00:35, and proceeded two lanes in front of the Cheongi-ro 43-ro, Seoul Dong-dong, Gwangju, at a speed of about 30km from the original intersection to the red forest intersection, depending on one lane.

In such a case, a driver of a motor vehicle has a duty of care to accurately operate the steering gear, brakes, etc. of the motor vehicle, not to drive the motor vehicle at such speed or in such a manner as to inflict any danger and injury on others according to the road traffic situation and the structure and performance of the motor vehicle, and to safely report the traffic situation on the front side and prevent the accident in advance.

Nevertheless, the Defendant neglected this and proceeded in the same lane by negligence, and received the part of the last vehicle back part of the Defendant’s vehicle in front of the vehicle in front of the Defendant.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim C, such as salt cages, tensions, etc. of the cage cage cages, which requires approximately two weeks of medical treatment, and sustained injury to the victim E (S) who was on the top of the first car, such as salt cages, tensions, etc. requiring approximately two weeks of medical treatment, and escaped without taking necessary measures, such as immediately stopping the first car and aiding the damaged person, even though it damages approximately KRW 7,017,420 of the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. Application of Acts and subordinate statutes related to traffic accidents, such as a survey report on actual condition, each written diagnosis, written estimate, and photographs;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 54(1) of the Road Traffic Act concerning criminal facts (the point of escape after the injury or injury to each duty) of the pertinent Act, and Article 54(1) of the Road Traffic Act (the time of the accident).

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