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(영문) 서울동부지방법원 2013.11.27 2013고정2563

특정범죄가중처벌등에관한법률위반(도주차량)

Text

Defendant shall be punished by a fine of KRW 3,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service B 125cc land owned by the Defendant.

On 05:39 on 09. 09. 08. 05:39, the Defendant driven a road that does not move ahead of the 72-2-2 of the Jungdong, Gwangjin-gu, Seoul at a speed of the speed of the time.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, and shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others, depending on the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of care to prevent accidents in advance by safely reporting the traffic conditions on the front side and the right side.

Nevertheless, the defendant is driving without checking the safety of the front bank.

The victim C(n, 92 years of age) was shocked with the front wheels part.

Ultimately, even though the Defendant suffered approximately three weeks of injury, such as felling the victim by occupational negligence as above, the Defendant escaped without taking measures such as aiding the victim at the site.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

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 punishment for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (see, e.g., the first offender and the agreement with the injured party);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.