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(영문) 서울남부지방법원 2021.01.15 2020고정1668

특정범죄가중처벌등에관한법률위반(도주치상)

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

Around 10:00 on July 20, 2020, the Defendant continued the front road of Yangcheon-gu Seoul Metropolitan Government apartment complex C from the side of D elementary school toward E apartment at an indefinite speed.

At the same time, there is no median line, and there was a vehicle coming from facing the Defendant in the front side of the Defendant, so in such a case, the person engaged in driving service has a duty of care to prevent accidents by properly operating the steering gear and the steering gear in accordance with the right side of the road.

Nevertheless, the Defendant neglected this and proceeded to the center of the road, and proceeded to the center of the road, and brought down the front part of the G 3 car driving by the Victim F (W, age 68) to the left side of the Defendant’s car.

Although the Defendant, by negligence in the above occupational negligence, suffered injury to four victims, including the victim H (the son, the 67 years old), the victim I (the son, the 72 years old), and the victim J (the J, the 72 years old), etc., due to the above occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as providing relief to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident (the cause of the accident and the photograph of the escape site), such as a report on the actual status of each statement of F, I, J and H, and a report on the investigation of the occurrence of a traffic accident;

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 crime as prescribed in the corresponding Act;

1. Selection of a fine for selective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order provides that the punishment should be mitigated because the defendant was in a mental and physical state at the time of committing the crime due to dementia in Albts-Isn's Sick.