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(영문) 서울동부지방법원 2019.02.12 2018고정1243
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Adi vehicle.

On August 18, 2018, the defendant driving the above vehicle around 02:39, and driving the above vehicle on the front line of Gwangjin-gu Seoul Special Metropolitan City, the front line of the Dong-gu, Seoul Special Metropolitan City, along the medium-line of the road with a speed of approximately 15.5 km per hour from the schilling side to the medium-line of the road.

At this point, it is a road with a speed of 80 km per hour, and the vehicles in the front door are under the speed due to the power-driven body, so there was a duty of care for preventing accidents by complying with the speed limit and ensuring safety distance with the preceding vehicle.

Nevertheless, the Defendant neglected this and found the ES3 car driven by the victim D(the age of 46) who was driven on the front bank at the speed of more than 70 km per hour, and operated it to avoid it. However, the Defendant did not keep the distance too much so so so that the ES3 car will keep the 400 meters back of the ASEAN3 car.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as an open wound around the upper part of the upper part of the upper part, which requires approximately three weeks of treatment, and, at the same time, escaped without any necessary measures, such as stopping and providing relief to the victim, even though the said SM3 car is damaged by the repair cost of KRW 2,234,600.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement on the occurrence of traffic accidents;

1. A medical certificate, specifications, a written resolution for the payment of substitutes, vehicle photographs, site photographs, etc.;

1. Application of Acts and subordinate statutes of a report on internal investigation (in need of accident and testimony of witnesses), and a traffic accident analysis report;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Article 148 of the Road Traffic Act concerning criminal facts and the choice of punishment.

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