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(영문) 의정부지방법원 2016.06.03 2015고단4857
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the driving of BCA110 Oba.

On July 14:10, 2015, the Defendant driven the above Obaon and proceeded with the road of the Handok Mmba in the middle of the Hobaon in the middle of the Hobaon, which is located in the 70-ro 70 U.S., one lane from the hoba elementary school to the electronic Ireland.

At the time, the bicycle of the victim C (79) driver's license was in progress on the front side of the defendant's driving direction, so in such cases, the driver's license holder has a duty of care to ensure the necessary distance to avoid collision with the bicycle in the event that he/she passes by the bicycle. The driver's license holder has a duty of care to prevent accidents in advance by accurately manipulating the steering system and steering steering system, etc. and safely.

Nevertheless, the defendant neglected this and proceeded to the left side of the bicycle in order to overtake the bicycle, and the defendant got the front wheel part of the bicycle and let the victim go to the road by the shock.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as a ductal of a heavy body frame, which requires approximately four weeks of treatment, and at the same time, destroyed the above bicycle to the extent of 109,000 won, such as the replacement of front wheels chairs, and escaped without taking necessary measures, such as stopping, and aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A fact-finding survey report and a traffic accident occurrence report;

1. On-site accidents, damaged bicycle photographs, accident scene, and bicycle photographs;

1. Efusing ct ct images around the accident site;

1. A medical certificate;

1. Application of the written estimate statutes;

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

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