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(영문) 대구지방법원 2015.09.17 2014고정2983

특정범죄가중처벌등에관한법률위반(도주차량)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around 02:20 on September 9, 2014, the Defendant was driving a vehicle adjacent to the Daegu Jung-gu Seoul metropolitan road with a warning sign that it is impossible to turn to the left at the front of the road, and even if it is a one-way passage through which the Defendant could not proceed to the direction of the Defendant, the Defendant neglected and proceeded with it, and the Defendant breached the duty of care to safely drive by failing to thoroughly ascertain the traffic situation of pedestrians and by failing to comply with the duty of care to safely check the traffic situation of pedestrians, thereby resulting in the victim E (22 years old)’s left side part of the said vehicle on the right-hand side where it is impossible for the victim to know the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Response to an order to submit a report by the F Hospital;

1. Application of a written opinion, a written confirmation of medical treatment;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

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;