beta
(영문) 의정부지방법원 2018.08.16 2018고정976

특정범죄가중처벌등에관한법률위반(도주치상)

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Bchip motor vehicles.

On January 18, 2018, the Defendant proceeded with the roads in front of the D Association, which are located in the D Association C of Gangwon-gu, Gangwon-do, Seoul around 13:39, toward the front side of the D Association from the front side of the D Association at an indefinite speed.

The location is a road around a commercial building without a road surface.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to live well in the direction of trying to drive the motor vehicle and safely drive the motor vehicle so as to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and proceeded as it was, and the victim F, her her m, who was walking in front of the direction of the marinal course, shocked the part on the right side of the front her m, her part.

Although Defendant 1 suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to such occupational negligence, the Defendant immediately stopped and escaped without taking measures such as aiding and abetting the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a report on the actual condition, a survey report, a field map, a photo, a site photograph, a seizure report (voluntary submission), each investigation report (blue box image, on-site dispatch status, and both parties' statement), a victim's statement, a diagnosis document, a next inquiry, an investigation report (Analysis of video of a black box), a photograph, a copy of a medical record, and a medical record by cutting down the video of a black box;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and 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 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the said Act (Consideration of the following favorable circumstances, etc.):

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) shall be examined, and the defendant shall be injured by shocking of pedestrians.