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(영문) 서울중앙지방법원 2019.03.26 2019고정66

특정범죄가중처벌등에관한법률위반(도주치상)등

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The facts charged are rhyd as criminal facts.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) is a person engaged in driving B rocketing and other automobiles.

On January 6, 2018, the Defendant driven the above vehicle at around 02:10, and had D main points in Seocho-gu Seoul Metropolitan Government C progress in the direction of active duty service from the Gangnam River.

Since there is a place where only one traffic is permitted in the direction of the river basin and a place where restaurants and commercial buildings are concentrated, the driver has a duty of care to safely drive the vehicle so that people do not face with the vehicle, not with the direction of permission for traffic, but with the direction of active service.

Nevertheless, the defendant neglected this and neglected to pass in the direction that the passage is not permitted, and caused the right hand part of the victim E (the age of 27) who was located in the above place to the right hand of the defendant's vehicle.

Ultimately, even though the Defendant suffered injuries, such as salt, tension, etc. in the detailed part of the right hand, which requires treatment for about two weeks due to occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as aiding the victim.

2. On January 6, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driving at around 02:10, and without obtaining a driving license, the Defendant driven B rocketing car at the 1km section from the G entertainment tavern in the underground of the Seoul Gangnam-gu Seoul F building to the front day of the D main shop located in Seocho-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a survey report on actual condition and a report on internal investigation (the analysis of CCTV images around the scene of an accident);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;