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(영문) 서울북부지방법원 2016.09.29 2016고정276
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 is a person who is engaged in driving a DNA car.

On September 7, 2015, the Defendant driven the above car at around 0:03, and proceeded along the three-lanes between the two-lanes of the Jung-gu, Seoul Special Metropolitan City, Nowon-gu, with the road front of the station at the entrance of 92-1, Taeneung-gu, Taeneung-dong, at the bank of the river at the entrance of Taeneung-dong.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system in a way that well sees the right and the right and the right and the right and the right and the right.

Nevertheless, the Defendant neglected to stop the signal waiting in the front bank, and was able to receive the back part of the victim E (n, 45 years old) driving vehicle from the front part of the Defendant’s driver’s vehicle with the front part of the Defendant’s driver’s vehicle, resulting in the Defendant’s injury of light chills, etc. in need of approximately two weeks of treatment, and at the same time, escaped without taking necessary measures, such as providing relief to the injured party by immediately stopping the vehicle in excess of KRW 1,613,632 of the repair cost.

Summary of Evidence

1. The witness E’s legal statement [not somewhat exaggerated in light of the G’s statement (No. 2 pages 30 of the investigation record), however, there are credibility considering the detailed circumstances and the consistency of the witness E’s statement];

1. Statement of E in the police interrogation protocol for the accused;

1. A written diagnosis and written estimate for damage;

1. A traffic accident investigation report and a traffic accident occurrence report;

1. Photographs of the damaged vehicle;

1. Application of Acts and subordinate statutes of a criminal investigation report (No. 1 of title 1 to investigation records);

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act (i.e., escape after occupational and actual injury) (i., escape after destruction of property) regarding the crime of this case

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