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(영문) 서울동부지방법원 2015.06.11 2015고단1038
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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 a B rocketing or other car.

On April 15, 2015, the Defendant, around 21:40, proceeded at the speed of about 10 km in the direction behind the building at the exit of 3rd gate in the direction of the city in the direction of the building, using the front side road of the YT official agency located in Songpa-gu Seoul Metropolitan Government 6.

At the time, the foregoing road was a narrow road with a width of 6.7 meters, and thus, the person engaged in driving service had a duty of care to reduce the speed and properly handle the steering and brakes, and prevent accidents by properly manipulating the steering and brakes.

Nevertheless, the defendant neglected this and was driven by the victim C(26 years of age) who was under way due to the negligence of the defendant's negligence, and received the front wheels of the DCA 110 Obama as the front part of the said car.

As a result, the Defendant suffered injury to the victim, such as the right sprinking bed and salt spons, etc., which need to be treated within two weeks from the above occupational negligence, and at the same time, destroyed the victim’s spacks to require approximately KRW 635,00 to repair cost, and escaped without taking necessary measures, such as immediately unloading the victim to rescue the victims and providing the victims with rescue services and dealing with the accidents.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. A medical certificate;

1. Application of the written estimate statutes;

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 the accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Determination of punishment does not focus on the degree of injury caused by the instant accident, and the fact that the Defendant agreed smoothly with the victim C in the course of investigation, and that the instant passenger car is covered by the automobile comprehensive insurance.

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