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(영문) 수원지방법원 평택지원 2016.11.17 2016고정287
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a driver of a car in a Stity area.

around 06:46 on February 26, 2016, the Defendant continued to move front of the Taep apartment in front of it from Pyeongtaek-si to the inner side of it, as Seo-gu, Seo-gu, Seo-gu.

In such cases, there was a duty of care to secure and proceed safety distance as a driver.

Nevertheless, the Defendant neglected this and did not secure a safe distance and proceeded as it was, and the Defendant was negligent in proceeding without securing a safe distance, and the part behind the Defendant’s car driving F.M. F. 44 years old was shocked in front of the Defendant’s vehicle.

Ultimately, the Defendant, by occupational negligence, inflicted an injury on the victim, such as spawn spawn, etc. for about two weeks, destroyed property equivalent to approximately KRW 1,391,39, and escaped without any measure at the site, after destroying the damaged vehicle’s repair cost.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Examination protocol of the accused by prosecution;

1. A traffic accident report(1)(2), an accident scene photograph, an affected vehicle photograph, a vehicle photograph, a vehicle photo, an inquiry session, a medical certificate, a written estimate flight, and a case where the driver runs away without taking such measures as provided by Article 54(1) of the Road Traffic Act, such as aiding the victim under Article 54(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, even though the driver knows that the victim was killed due to an accident, it refers to the case where the driver of the accident does not take such measures as provided by Article 54(1) of the Road Traffic Act, and thereby leaving the accident place to identify the person who caused the accident, and the "measures as provided by Article 54(1) of the Road Traffic Act" includes the case where the driver reveals the identity of the person who caused the accident, such as the victim or police officer (see, e.g., Supreme Court Decision 2002Do5748, Mar. 25, 2003).

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