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(영문) 서울동부지방법원 2016.02.17 2015고정1494
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Csch Rex motor vehicles.

On April 23, 2015, the Defendant driven the above vehicle around 19:20 on April 23, 2015, and driven the road of three-lanes in front of the Stick-gu Seoul Olympic Games, which is located on the 35-lane, toward the direction of diving from the south of the Stick Zone to the intersection of the Stick Zone, and proceeded at a speed below the speed of the city speed.

In such cases, a person engaged in driving of a vehicle shall accurately operate the steering system, brakes, and other devices of the vehicle, shall not drive the vehicle at a speed or in such a manner as to inflict any danger and injury on others, depending on the traffic conditions of the road and the structure and performance of the vehicle, and there was a duty of care to make sure that the driver has a duty of care to prevent accidents in advance by reporting the traffic situation

Nevertheless, the Defendant was negligent in neglecting this and standing in front of the signal waiting in front of the same direction, and received the victim D (the age of 32) who was driving the E-learning car and the part behind the Defendant’s vehicle in front of the vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of medical treatment between approximately three weeks, and at the same time, escaped without immediately stopping the damaged vehicle to ensure that the above damaged vehicle was damaged by the repair cost of KRW 29,858, and without taking necessary measures to rescue the damaged person or to confirm the state of damage.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. The actual investigation report on traffic accidents;

1. Written estimate;

1. A copy of a set of examination and treatment;

1. Photographss of vehicles, on-site photographs, and photographs of victims;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after the injury of occupational negligence), Articles 148 and 54 of the Road Traffic Act concerning the crime.

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