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(영문) 서울남부지방법원 2017.07.20 2017고정763

특정범죄가중처벌등에관한법률위반(도주치상)

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On February 27, 2017, the Defendant driven the above taxi on February 15:30, and proceeded with the road of one-lane in front of the E control point in Guro-gu Seoul, Guro-gu, Seoul, as a printing station located in the south of the Gu, with the printing station located in the south of the Gu.

Since there is a center line of yellow domin lines at the center of the road, a person engaged in driving of motor vehicles has a duty of care to prevent accidents in advance by safely internshiping at the place where the internship is permitted.

Nevertheless, the Defendant neglected to do so and received the Victim F (5 years old) who walked on the road in which he was on the right side of the taxi.

Ultimately, the Defendant, by occupational negligence, escaped without immediately stopping the victim and providing relief to the victim, even though he/she suffered bodily injury, such as the impairment of the reputation of his/her head who is in need of approximately three weeks of treatment, and the victim suffered bodily injury, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement related to G;

1. Images of a de facto survey report, on-site photograph, and a photograph by cutting down images;

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

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and selection of fines concerning the crime

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;