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(영문) 창원지방법원 밀양지원 2019.10.24 2019고정104

특정범죄가중처벌등에관한법률위반(도주치상)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 a Switzerland car.

On May 5, 2019, the Defendant operated the said car at around 02:30 on May 5, 2019, and moved the intersection in front of the D cafeteria located in C in C at the time of smuggling to the private distance room from the E apartment room.

At the time, it was difficult to secure the front view at night, and there is a backway, where many visitors visit neighboring commercial buildings, etc., so in such a case, the driver had a duty of care to prevent accidents by accurately manipulating the front view and the right and the right and the right and the right and the right of the front line, and accurately manipulating the steering gear.

Nevertheless, the defendant neglected to do so and proceeded to the right edge of the above vehicle, such as the launch of the victim F(27 years of age), which was located at the right edge of the above road by negligence, led to the right wheels of the above vehicle.

Ultimately, even if the Defendant suffered from an injury of “influences and tensions,” which requires approximately two weeks of medical treatment by occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual survey report on traffic accidents, the detailed statement of processing reports 112 cases (receiving and verifying mutual assistance), and the next inquiry;

1. A medical certificate, progress and record book of proceedings;

1. Application of Acts and subordinate statutes, such as editing photographs and photographs of the accident, arrest of the vehicles and measures taken, on-site photographs and photographs of the vehicles, boomers, photographers, confirmation photographs of the fact of damage to victims, photographs of the fact of damage to the suspect, and confirmation of

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.