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(영문) 의정부지방법원 2020.05.06 2019고단4810
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

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 a vehicle B.

On May 9, 2019, the Defendant driven the above vehicle at a level of 06:05, and led the two-lanes along the two-lane road at a point of 48-49 km in the outer cycle in the two-way interest areas in the two-way interest areas, along the two-lanes in the direction of mountain.

In this case, the driver of the motor vehicle had a duty of care to drive the motor vehicle by checking the right and the right and the right of the motor vehicle and prohibiting the change of course according to the direction of the traffic safety sign.

Nevertheless, the Defendant neglected this and changed the two lanes into a one-lane as it was due to the negligence of the victim C(50 years of age) driving beyond a white room, which led to the impact of the victim C(50 years of age) driving with the left side side of the DPoter on which the Defendant drives the vehicle.

Ultimately, the Defendant, due to the above occupational negligence, sustained bodily injury, such as satisfy that requires treatment for about two weeks, and at the same time, went away without taking necessary measures, such as providing relief to the victim or providing personal information, while stopping on the side of the road after the entry into the satisf tunnel, even though the Defendant destroyed the victim’s vehicle to repair the satisfy.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report, an inspection report on the actual condition, a photograph of the damaged vehicle, or a success acid tunnel screen;

1. A medical certificate;

1. Investigation reports (related to the repair of damaged vehicles);

1. Application of Acts and subordinate statutes to a report on investigation (to listen to the victim’s telephone statement) and a report on investigation (CCTV video verification);

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

1. Commercial concurrence;

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