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(영문) 제주지방법원 2014.09.03 2014고정177
특정범죄가중처벌등에관한법률위반(도주차량)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On October 19, 2013, around 09, the Defendant driven a crosswalk in front of the South Korean Busan Metropolitan City cafeteria, which he owns, and operated directly from the Do governor's official room to the Do governor's official room.

At the time, the pedestrian crossing is installed, and even if the crypology is turned on the front door, there was a duty of care to drive with the care to check whether there is a pedestrian driving the crosswalk.

Nevertheless, it is difficult to neglect this and operate it only.

On the left side of the proceeding direction, a pedestrian D (n, 13 years old) who has up the crosswalkd on the pedestrian red light with the right side of the crosswalkd part of the road that was driven by the above defendant, was shocked to the right side of the victim's right side due to the rear-down side of the vehicle driving by the above defendant, and the victim suffered an injury to the lebbbs, which requires about 8 weeks medical treatment, but the victim immediately stopped and escaped without taking measures such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the witness D;

1. Each police statement of E;

1. The actual condition survey report;

1. Application of the Acts and subordinate statutes on black stuffs and video CDs;

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 relevant criminal facts and the selection of punishment;

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

1. The degree of perception of the fact that the victim was killed due to an accident regarding the criminal intent of escape under Article 334(1) of the Criminal Procedure Act, is sufficient if the victim was aware of the fact that the victim was killed without necessarily requiring confirmation. If the driver was aware that the accident was easily confirmed immediately after the accident, even though the driver was able to confirm the accident, he/she was able to leave the accident site without taking such measures.

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