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(영문) 대구지방법원 서부지원 2019.05.09 2017고정1004
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 driver of a golf car with a wide halog halog.

On October 31, 2017, the Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury of Jeju), proceeded at a speed that is not known about five-lanes in the direction of the death cycle, from the direction of the death cycle distance, about 03:46 on October 31, 2017.

In such cases, drivers have duty of care to prevent accidents by accurately operating the steering direction and brakes well before and after the left and right, and to prevent accidents.

Nevertheless, the Defendant neglected this and proceeded with the Defendant’s negligence. At this time, the Defendant saw the part behind the Defendant’s front gate of the damaged vehicle following the rocketing-type taxi in front of the Defendant’s vehicle into the part of the Defendant’s vehicle, and eventually, the Defendant sustained injury, such as salt, tension, etc. of the trend that requires stability and medical treatment for about two weeks, on the part of the victim D.

In this case, the driver immediately set up the vehicle and take necessary measures, such as aiding the victim, but the defendant escaped.

B. Violation of the Road Traffic Act (Measures Taken after Accidents) by the Defendant

In the same act as the paragraph, approximately KRW 449,706 of the repair cost, such as the exchange of damaged vehicles, was damaged.

In this case, the driver immediately stops and takes necessary measures, but the defendant did not take any measures.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Written estimate of the damaged vehicle;

1. A medical certificate;

1. A report on the occurrence of a traffic accident, a report on the actual condition of the traffic accident, a report on the actual condition of the accident, and photographs of damaged vehicles and b

1. Investigation report (Attachment to CDA), investigation report (victim D telephone conversations) [The Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Act”)]

Article 5-3 (1) of this Act and Article 148 of the Road Traffic Act in light of the legislative intent and protected legal interests, etc., Article 54 (1) of the Road Traffic Act, such as the actual relief of victims by the accident driver.

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