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(영문) 청주지방법원 2016.09.23 2016고정689

특정범죄가중처벌등에관한법률위반(도주치상)

Text

1. The defendant shall be punished by a fine not exceeding 3.5 million won;

2. Where the defendant fails to pay the above fine, one hundred thousand won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a passenger car to be observer B.

On 26. 06. 26. 06. 26. 2016. 06:54, the Defendant driven the above vehicle, and made the long distance in front of the light market located in the Heung-gu Pungdong-gu Pungdong-gu Pungdong-gu to turn to the left from the long distance to the front of the Gung-gu elementary school.

Since a signal, etc. has been installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the traffic signals by reducing the speed and preventing an accident in advance. Nevertheless, the defendant neglected this in his/her duty and failed to discover the victim C (S, 44 years old) who has dried the road using the crosswalk in accordance with the pedestrian signals, and caused the victim C (S, 44 years old) to the front part of the motor vehicle.

Ultimately, even though the Defendant suffered from the victim’s dissatisfying of the treatment days due to the occupational negligence above, 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 protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Reporting on the occurrence of a traffic accident, reporting on a traffic accident, making a secondary inquiry, applying CCTV image photographs, diagnostic certificates, and CD image Acts and subordinate statutes;

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 and Article 268 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.