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(영문) 수원지방법원 성남지원 2019.03.28 2018고정1236

특정범죄가중처벌등에관한법률위반(도주치상)

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of taxi driving in B corporation.

On March 16, 2018, the Defendant driven the above vehicle on March 16, 2017:4, and proceeded at a speed of about 30km/h in the direction of the Han electric distance distance from the ambio-oly distance.

In such cases, all drivers have a duty of care to prevent accidents by accurately operating the steering direction and brakes well, and to prevent accidents.

Nevertheless, the defendant neglected this and caused the victim D (Nam, 10 years of age) who crosses the crosswalk on the right side from the left side by the negligence of driving the crosswalk, to go beyond the road.

Although the Defendant suffered an injury due to the climatic salt, etc. requiring medical treatment for about three weeks due to the foregoing traffic accident, the Defendant immediately suspended the injury and escaped without providing relief or taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate;

1. A report on the actual condition of survey and internal investigation;

1. Application of statutes on site and CCTV photographs;

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

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

1. Although there are extenuating circumstances, such as the violation of the duty of care under Article 62(1) of the Criminal Act or the failure to take relief measures against victims, there are some circumstances to be taken into account the background of the accident or the background leading up to leaving the scene, the degree of injury of the victim is not relatively more severe, the defendant's vehicle was subscribed to the Financial Cooperative, the defendant's error was recognized to the police station on the date of the accident, and the defendant has been remarkably divided into the police station on the day of the accident, there is no serious criminal records, and the defendant has no serious criminal records, and the defendant is economically poor.