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(영문) 서울중앙지방법원 2016.08.10 2016고단3613

특정범죄가중처벌등에관한법률위반(도주차량)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 the duty of driving Csi.

On May 7, 2016, the Defendant driven the above taxi around 09:20 on May 7, 2016, and proceeded one lane between the two lanes in front of Jongno-gu Seoul Metropolitan Government D with the boundary of the station inside the jurisdiction of the Board of Audit and Inspection.

At the same time, a crosswalk without signal such as signal has been installed. In such a case, it was confirmed whether a person engaged in driving a motor vehicle has a duty of care to temporarily stop in front of the crosswalk and to ensure the safety of pedestrians by checking whether a person engaged in driving a motor vehicle has a right-hand side by reducing the speed of the motor vehicle and maintaining the right and right, and if a pedestrian passes the crosswalk, he/she has a duty of care to prevent accidents by driving the motor vehicle on the part of the motor vehicle.

Nevertheless, by negligence while neglecting the above duty of care, the defendant found the victim E (Woo, 67 years old) who walked to the port from the right side of the above taxi driving direction to the left side of the above taxi driving direction, and operated it rapidly, but did not reach the above taxi driving, the defendant got the victim's body parts back to the front side of the above taxi and got out of it.

As a result, even though the Defendant suffered injury to cerebrovasin in need of medical treatment for about two weeks, the Defendant immediately stopped and did not take necessary measures such as providing relief to the injured party, and escaped as it is.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A written statement of the occurrence of E traffic accidents;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to investigation reports (verification of traffic accident images);

1. Article 5-3(1)2 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, Article 268 of the Criminal Act, the choice of fines (the defendant is the first offender, the confession of the crime, the degree of injury, the degree of injury is not severe, and the victim was subscribed to the taxi mutual aid at the investigation stage.