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(영문) 창원지방법원 통영지원 2012.08.23 2012고정275

특정범죄가중처벌등에관한법률위반(도주차량)

Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 4, 2011, the Defendant driven Cpoter 2 Cargo Vehicles on December 11:30, 201, and proceeded at a speed of about 5 km from the hour to the south of the said apartment parking lot in order to turn to the right from the Do.

At the time, there was a structural length to be used as a passage on the right side of the apartment door at that time, so in such a case, there was a duty of care to prevent accidents, such as thoroughly seeing the front and rear left, accurately operating the steering direction and brake system, avoiding collision with pedestrians passing on the front door of the apartment from the above alley road to the front door of the apartment house.

Nevertheless, the Defendant neglected to do so and found the victim E (Nam, 11 years of age) who was going to go to the front door of the above apartment house from the above alley road as it was by negligence, and was living to the front door of the above apartment house. However, the Defendant did not stop, but did not take necessary measures such as aiding the victim, resulting in collision with the victim's left knee in front part of the above cargo vehicle, thereby getting the victim to suffer from both sknes in need of treatment for about three weeks, and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement of E;

1. Each investigation report (the investigation records No. 77, 78 pages);

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and a report on investigation (in pages 37 of investigation records);

1. A medical certificate;

1. Application of CCTV analysis photographs statutes;

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 the relevant criminal facts and the selection of punishment;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g. initial crimes, circumstances of accidents, minor damage, agreement, etc.);

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

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