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(영문) 대전지방법원 2013.07.26 2012고정2465

특정범죄가중처벌등에관한법률위반(도주차량)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of CK7 cars.

On September 11, 2012, the Defendant driven the above vehicle on September 7, 2011:45, and driven the above vehicle along the two-lane in front of the 1111-dong, Seo-gu, Seo-gu, Daejeon, pursuant to two-lanes from the direction of the common parking lot for the Han-dong, the Defendant: (a) thoroughly maintained the front direction; and (b) when the pedestrians are passing along the crosswalk, they failed to stop in front of the crosswalk before the crosswalk so as not to obstruct or endanger the crossing of the pedestrians; and (c) when they continue by negligence while neglecting to stop it, the left side of the victim D (7 years old) on the left side of the road, walking along the crosswalk to the left side of the front right-hand part of the said vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Selection of Punishment for Specific Crimes, and Article 268 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order shall be determined as the same as the disposition in consideration of the fact that the injury of the victim is relatively minor and the defendant has agreed smoothly with the victim;

The acquittal portion

1. Of the facts charged in the instant case, the summary of the charge that the Defendant, while driving a vehicle as stated in the facts charged prior to the death of occupational negligence, did not immediately stop the injury to the victim due to occupational negligence and escape without taking necessary measures, such as aiding the victim.

2. Determination

A. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes is stipulated.