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(영문) 수원지방법원 평택지원 2020.07.24 2020고정96

특정범죄가중처벌등에관한법률위반(도주치상)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 of a B-Adi vehicle.

On October 25, 2019, the Defendant driven the above vehicle at around 22:48, and driven the front road of Pyeongtaek-si C from the right side of Pyeongtaek-si to the right side of the two-lanes from the right side of Pyeongtaek-si, with the speed of 30km each hour.

At night, it is an intersection where signal lights are installed at the front, so the driver has a duty of care to reduce the speed to the person engaged in the driving duty and to keep the other vehicles' attitudes in the signal lights and the front door, and to prevent the accident in advance.

그럼에도 불구하고 피고인은 이를 게을리 한 채 앞을 잘 살피지 아니하고 속도를 줄이지 않고 그대로 진행한 과실로 같은 방향에서 신호대기 중인 피해자 D(남, 50세) 운전의 E 시트로엥 승용차 뒷 범버 부분을 위 아우디 승용차의 앞 범퍼 부분으로 들이받았다.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained bodily injury, such as saved salt, etc., in need of treatment for about two weeks, and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual survey report and the report on the occurrence of any traffic accident;

1. Each photograph and accident video CD;

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 and Article 268 of the Criminal Act concerning the relevant criminal facts and the selection of punishment;

1. Articles 70 (1) 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;