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(영문) 전주지방법원 군산지원 2019.08.16 2019고단557
특정범죄가중처벌등에관한법률위반(도주치상)
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A is a person engaged in driving a SP car.

On November 17, 2018, the Defendant driven the above vehicle on the 16:00 on November 17, 2018, and started driving the blind distance prior to D Driving Schools C in the Gunsan City, depending on the one-lane distance in the direction of the public health clinic in the direction of the distance from the view distance from the view distance.

At that time, there was a pedestrian crossing the road from the right side of the road to the left side of the road, so the driver of the vehicle has a duty of care to accurately operate the steering system, brakes, and other devices of the vehicle, and not to drive the vehicle at such a speed or in such a manner as to cause any danger and injury to others according to the traffic conditions of the road and the structure and performance of the vehicle.

Nevertheless, by negligence of driving a vehicle without neglecting it, the pedestrian F (10 years old) who crosses the road in the direction of E Convenience which is the left-hand side of the D Teaching Institute, was driven by the front-hander of the vehicle driven by the defendant.

Ultimately, the Defendant, by occupational negligence, escaped from the scene without taking any measure despite the victim’s loss of salt and tension in the detailed details of the outbreak requiring two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The actual condition survey report;

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, Article 268 of the Criminal Act, and selection of fines concerning the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation ( Considerations, such as the fact that the defendant is the first offender, the fact that the defendant has paid three million won to the injured party, the fact that the injured party has not been much weighted, and the fact that the injured party has contributed to the occurrence of an accident);

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;

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