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(영문) 인천지방법원 2018.11.02 2018고정1730

특정범죄가중처벌등에관한법률위반(도주치상)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a passenger car volumeing to BM520.

On January 17, 2018, the Defendant moved the training children’s park front of the training children’s park, which is located in the dong-dong-dong of the Sungnam-si, Sungnam-si, Sungnam-do, to a non-speed speed depending on the two-lanes.

In such cases, the driver of a motor vehicle shall not drive the motor vehicle at a speed or in a manner that may cause any danger and injury to others by accurately manipulating the steering system, brakes, other devices, etc. of the motor vehicle.

Nevertheless, the defendant neglected this and shocked the victim C (V, 59 years of age) with the front part of the vehicle in which the victim C (V, and 59 years of age) is parked.

Ultimately, even though the Defendant suffered from an injury, such as fluoral salt, etc., which requires approximately two weeks of medical treatment by occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as aiding the victimized person.

Summary of Evidence

1. The legal statement of the witness C;

1. The results of the video CD reproduction;

1. The medical certificate of diagnosis [the defendant was immediately stopped and checked the victim's condition while there was no credit, and the defendant's vehicle was moved to avoid causing interference with road traffic, so there was no intention of escape.

The argument is asserted.

However, in full view of the following circumstances acknowledged by the above evidence, the victim was not in a state of leaving the situation at the time, and the defendant was aware of this fact and left the scene without providing relief or contact information, so the intention of escape is recognized.

At the time of the accident, there was a shock between the victim and the defendant at the time of the accident.

Although there was no injury on the part of the victim, when the defendant asked whether he is fine or not, the victim made a statement that he was the victim.

was stated.

In other words, the victim was extremely weak, and there was a pain or inconvenience.