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(영문) 서울중앙지방법원 2014.12.03 2014고단7969

특정범죄가중처벌등에관한법률위반(도주차량)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who has been engaged in the operation of the CM3 car.

Around 14:05 on June 29, 2014, the Defendant driven the said car and driven the crosswalk in front of Jongno-gu Seoul, Jongno-gu, Seoul, at the 10-lane, into two-lanes between the two-lanes from the north music tunnel to the new intersection.

As a crosswalk in which signal lights are installed, all drivers of vehicles shall accurately operate the steering system, brakes and other devices of the vehicles, and shall not drive the vehicle at such a speed or in such a manner as to inflict any danger and obstacle on others, depending on the traffic situation of the roads and the structure and performance of the vehicles.

Nevertheless, the Defendant neglected to perform the above duty of care and went away without taking any measure against the victim, who is a pedestrian crossing the crosswalk, by taking the body of the victim D (the age of 11) into front part of the right side of the Defendant’s vehicle, which is a pedestrian crossing, even though the pedestrian signal of the crosswalk changed from green to red.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes governing a certificate of origin;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a sentence (the primary crime, the fact that the victim was an accident that occurred while crossing the vehicle without permission, the fact that the motor vehicle comprehensive insurance is subscribed to and the insurance management has been completed, and the fact that it is deemed that the necessary measures have not been taken because of various circumstances, taking into account various conditions of sentencing specified in the trial process, such as the defendant's age, character and conduct, family relationship, economic situation, result of the crime,

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more of the Criminal Act;