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(영문) 수원지방법원 성남지원 2014.07.28 2014고단832

특정범죄가중처벌등에관한법률위반(도주차량)

Text

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

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

Reasons

Criminal facts

On October 4, 2013, the Defendant driving a Mati Freight, which is around 10:40 on October 10, 2013, led to the left-hand turn to the left-hand turn from the sloping-gu, Jungwon-gu, Sungnam-gu to the dynam-gu, Jungwon-gu, Jungwon-gu.

At this point, the signal apparatus is an intersection installed, and in the case of the window-section road, the crosswalk was installed, so in such a case, the Defendant, who is engaged in driving of the motor vehicle, has a duty of care to safely drive the motor vehicle by complying with the signal and looking at whether there is a person walking on the crosswalk in the crosswalk.

Nevertheless, the Defendant neglected this and found the victim E (the age of 83) who walked on the left side of the road at the right side of the road in accordance with the new subparagraph, and immediately operated the road. However, the Defendant did not avoid it, with the front side of the above cargo vehicle at the right side of the road, caused the victim to go beyond the floor by taking a part of the victim's left shoulder.

As a result, the Defendant suffered from the victim's occupational negligence by causing the victim to suffer pulverization in the left-hand foundation abandonment abandonment, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Eth statement among the suspect interrogation protocol of the accused against the prosecution;

1. Some of the survey report on actual condition;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to 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. The sentencing of Article 334(1) of the Criminal Procedure Act provides for the reasons for sentencing of the provisional payment order pursuant to Article 334(1) of the Criminal Procedure Act, and the defendant is selected by taking into account the following factors: (a) the victim does not want the punishment for the defendant; (b) the vehicle involved in the accident is covered by a comprehensive insurance; and (c) the initial offender is the first offender.