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(영문) 서울서부지방법원 2018.12.21 2018고정686
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On February 12, 2018, the Defendant driven BK5 car around 21:39, and proceeded two lanes in front of the cafeteria of “D” in Yongsan-gu Seoul Metropolitan Government, on the street of each of the three-lanes in front of the intersection, at an insular speed from the intersection of the area where the two-lanes of “D” located in Yongsan-gu, Seoul, to an insular speed, and was a victim E (26 years old) who waiting for signal to the front direction of the Defendant’s proceeding and parked, and was driven by the lower end of the DOHC car as the front end of the vehicle operated by the Defendant.

As a result, the Defendant did not take necessary measures, such as destroying and damaging the said SPC car owned by the victim to be in an amount equivalent to KRW 421,080,000, for repair.

Summary of Evidence

1. Legal statement of witness E;

1. A yellow statement and a yellow survey statement on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes to photographs damaged by a vehicle;

1. Article 148 and Article 54 (1) of the Road Traffic Act concerning facts constituting a crime (excluding punishment) of the relevant Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant asserts that Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order [the defendant] does not constitute a crime of violating the Road Traffic Act since there was no need for relief measures, etc. under Article 54 (1) of the Road Traffic Act in light of the fact that the accident of this case was a minor contact accident and other various circumstances at the time.

According to the above evidence, the defendant, immediately after moving on the road to the road, consulted with the victim about whether to report an accident, compensation, etc., and the victim taken the damaged part of the vehicle, but did not take or write the vehicle number of the defendant, and the defendant escaped without notifying the remaining personal information that the defendant might be aware of the driving under the above circumstances, and in the process, the victim got away without notifying the victim of the remaining personal information, and the victim prevented the victim from taking the front part of the vehicle in his/her hand.

If the facts and circumstances are the same, the victim is the front part of the Defendant’s vehicle.

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