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(영문) 의정부지방법원 2018.02.01 2017고정2597

특정범죄가중처벌등에관한법률위반(도주치상)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of the Dbera cruise car.

On June 8, 2017, the Defendant driven the above vehicle as a business of around 18:40, and proceeded at a speed of about 5 km per hour from 101 to 101, to 101, the front road of the guard room of the Gew apartment 2152-11 and the Gew apartment 102.

At the same time, there is a sloped door, and the seat, right-hand tree, and landscape are the driver's view.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to ensure that he/she has a visual disability so that he/she should not report the situation of the front, left, and well-known traffic, and to prevent accidents in advance.

Nevertheless, the defendant neglected this and proceeds as it is, and the victim E (8 kn, South) driving bicycle, which was proceeding on the left side of the defendant's proceeding, and the victim who was on board the bicycle due to the shock of the front quiap and even door of the above victim's vehicle's left side, was over the road.

As a result, the Defendant, by negligence in the course of performing his duties, escaped without taking necessary measures such as aiding the damaged person, even though he suffered injuries, such as knee, knee, knee, and tension in the part where the victim needs to be treated for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on traffic accidents and a survey report on actual condition;

1. Medical certificates (E);

1. Application of the Acts and subordinate statutes concerning CCTV images-fashion photographs;

1. Article 5-3 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 and selection of fines concerning the crime;

1. Penalty fine of KRW 5,000,000 to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day converted);

1. Article 59(1) of the Criminal Act (a) of the suspended sentence (a) recognizes the Defendant’s fault and reflects his fault, and the Defendant is minor.

shall be the victim.