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(영문) 서울서부지방법원 2013.10.17 2013고단2100

특정범죄가중처벌등에관한법률위반(도주차량)

Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a tXG car.

On June 11, 2013, the Defendant driven the above car at around 04:00, and led the road prior to the 91-8-lane of Eunpyeong-gu Seoul Metropolitan Government to a speed of about 10km per hour, depending on the two-lanes in the direction of Empt in the direction of Empt, at the speed of about 10km.

Since there is a crosswalk where a signal, etc. is installed, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle according to his/her name.

Nevertheless, the defendant neglected this and caused the victim to go beyond the ground by taking the back wheel of the bicycle driven by the victim C (the aged 51) who passed the crosswalk on the left side of the crosswalk green signal from the right side of the road course due to the negligence in violation of the signal.

Ultimately, even though the Defendant suffered from an injury to the left-hand high-water salt, etc. for about two weeks of treatment due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

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 Article 268 of the same Act concerning criminal facts and the selection of fines;

1. The reasons for sentencing under Articles 70 and 69(2) of the Criminal Act with respect to detention in the workhouses shall be determined by the text of the judgment, taking into consideration the following: (a) the confession and the serious reflectiveness of the Defendant to commit the instant crime; (b) the vehicle was covered by a comprehensive insurance; and (c) the degree of damage suffered by the victim