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(영문) 광주지방법원 2019.01.17 2018고단4829
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a car by hosting B.

On September 19, 2018, at around 22:12, the Defendant, along with the light altitude, proceeded at an aesthetic speed at a distance of 3 lanes between the 6-lanes of latitude and the 6-lanes.

At all times, there was an intersection where signal lights are installed, so the defendant engaged in the driving of the motor vehicle had a duty of care to reduce the speed and safely drive the motor vehicle according to the traffic signal in advance to prevent the accident.

Nevertheless, the Defendant neglected this and received the front part of the victim's ESM (SM3)'s ESM (SM3) driving, the front part of the car driving by the said defendant, which was driven by the said defendant, on the right side of the car, which was driven by the victim's ESM (SM3) with the light height from C room to the left side, due to the negligence of the left-hand turn in violation of the signal while the electric-hand signal was a stop signal.

Ultimately, the Defendant, through such occupational negligence as above, suffered injury to the victim’s base of salt and tensions of the other parts of the elbows requiring approximately two weeks of medical treatment, and at the same time, destroyed the victim’s car to be in excess of KRW 711,037, such as the exchange of the front driver, and escaped without taking necessary measures, such as immediately stopping the vehicle and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. A medical certificate;

1. Written estimate of repair;

1. Internet map photographs, photographs related to the accident, and images of traffic camera images on the accident scene;

1. Application of Acts and subordinate statutes as a result of the recycling of black boxes and video CDs;

1. Article 5-3 (1) 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 (the point of failing to take measures after destroying and damaging property);

1. The Commercial Concurrent Crimes Act.

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