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(영문) 수원지방법원 2016.10.20 2015고정2389
특정범죄가중처벌등에관한법률위반(도주차량)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 was driving a car owned by the EM520 on duty.

On June 9, 2015, the defendant, around 21:30 on June 21, 2015, is proceeding at a four-lane road of Dong-dong Highway Incheon at a point of 36.9 km in the direction of the Dong-dong Highway, Dong-gu, Suwon-si, Suwon-si, Incheon, at the speed of the US, depending on the two-lanes

The course was changed to three lanes.

In such cases, a driver has a duty of care to safely change his/her course to prevent accidents in advance so that it does not interfere with other vehicles running along the lane intended for change of course.

Nevertheless, the defendant neglected this and caused the change of course to conflict with the victim F.F.(42 years of age, n.) who is driving in three lanes in the same direction with the left-hand side of the G M& car driving in the same direction, following the Defendant's right-hand side of the vehicle.

As a result, the Defendant, by negligence in the course of business, went away from the scene without taking necessary measures at the site, such as providing the injured person immediately, even though he/she damaged property equivalent to KRW 1,106,568, such as “satises and tensions” on the damaged vehicle, etc., which requires approximately two weeks of treatment, and at the same time, he/she went away from the scene without taking necessary measures at the site, such as providing the injured person with relief from the vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. The recording of statements by witnesses F in the third protocol of trial;

1. The actual condition of traffic accidents;

1. A traffic accident occurrence report;

1. Written estimate of equipment;

1. Photographs of the damaged vehicle;

1. A medical certificate;

1. Accident video;

1. The defendant and the defense counsel asserted to the effect that "the defendant did not know that the accident of this case occurred, and thus, did not leave the scene of the accident with the criminal intent of escape, and did not need relief measures, etc."

However, the reason and content of the instant accident, the degree of personal and physical damage suffered by the victim, as shown in the evidence submitted by the prosecutor, respectively.

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