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(영문) 수원지방법원 2018.08.17 2018고정606
특정범죄가중처벌등에관한법률위반(도주치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM7 car.

On January 30, 2018, the Defendant moved a three-dimensional distance in front of the Suwon-si, Suwon-si (intersection) around 08:30 on January 30, 2018 in the direction of gallon apartment, in the direction of the new apartment.

At all times, the width of a road was a one-way passage that cannot proceed in the direction of gallon road, and the victim E (e.g., age 56) was placed on the right side of the Defendant’s proceeding direction, and thus, the Defendant engaged in driving service had a duty of care to operate the steering direction and brakes accurately by accurately operating the steering direction and brakes by looking at the right side and the right side of the road.

Nevertheless, the Defendant neglected to do so and neglected the right side of the victim's left side by his negligence before the right side of the driver's vehicle.

Ultimately, even though the Defendant sustained a proposal for two weeks of medical treatment due to the above occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victimized person.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A traffic accident report;

1. Application of a medical certificate (E) and CCTV-related Acts and subordinate statutes for crime prevention;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The Defendant, on the grounds of sentencing of Article 186(1) of the Criminal Procedure Act, committed the instant accident that led to the attack of the victim walking along the runway while driving along one-way paths where the width is narrow.

The Defendant was approaching the right side of the vehicle immediately after the accident, and the victim got out of the right side of the vehicle.

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