(영문) 수원지방법원 성남지원 2017.10.27 2017고정683

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(영문) 수원지방법원 성남지원 2017.10.27 2017고정683

특정범죄가중처벌등에관한법률위반(도주치상)등

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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person engaging in driving a PP car.

On December 13, 2016, the Defendant driven the said car at around 20:40, the Defendant stated three-lanes of the three-lanes of the road in front of the camping tower located in the west-gu, YY-dong of the Gyeonggi-si, in the two-lanes of the three-lanes of the front, rear, rear, and right and right and right and right and right and the said accident occurred in the three-lanes of the three-lanes of the vehicle (see, e.g., 65 pages of the investigation record). However, due to the change of the vehicle to the third-lane, the Defendant received the victim E (46 years, n.e., the front part of the F QM3 car driving), which was normally driven at the third-lanes of the three-lanes of the two-lanes of the victim E (hereinafter referred to as the “Defendant E-WM3”) and the lower wheeler and the lower wheeler.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as brain-dead sugar, cryp, and cryp salt, which requires the treatment of approximately three weeks, and at the same time, destroyed the damaged vehicle to be in excess of KRW 3,972,862, and escaped without immediately stopping and taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. The actual investigation report on traffic accidents;

1. Written estimate and written diagnosis;

1. A criminal investigation report (video analysis);

1. Each photograph (the defendant and his defense counsel claimed that there was no need to rescue the victim at the time due to minor traffic accidents as stated in the judgment (hereinafter “accident of this case”) and that the defendant had no intention to flee.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by the court, namely, ① the Defendant was aware of the occurrence of the accident immediately after the instant accident, ② the Defendant was able to talk with the passenger and the accident, ② The shock of the instant accident is difficult to view as minor considering the photograph of the victim’s vehicle.

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