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(영문) 인천지방법원 2021.01.15 2020고정690
특정범죄가중처벌등에관한법률위반(도주치상)
Text

Defendant shall be punished by a fine of three 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 the operation of the Lone Star Co., Ltd.

On October 15, 2019, the Defendant driven a above 15:30 on the 15th day of October, 2019, and led D middle school C to turn to the left at the two sides of the west-gu, Incheon Metropolitan City.

Since there are frequent traffic of children in front of the school and crosswalks are installed, in such a case, the driver of the vehicle has a duty of care to reduce the speed to the driver of the vehicle and to build the crosswalks, and to prevent the accident by manipulating the brakes in the timely manner.

Nevertheless, the Defendant neglected this and continued to drive the crosswalk, and received the buckbucks in front of the driver's seat in the above bucks.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the influence of the body, the influence of the body part, and the influence of the body part, which is not clear in detail, for about two weeks of treatment.

Summary of Evidence

1. A medical certificate of the investigation into the actual state of part of the testimony of the defendant F by the legal witness;

1. Application of CD-related Acts and subordinate statutes

1. Article 3(1) and the proviso to Article 3(2) and Article 3(2)6 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that the defendant did not reduce the speed at the crosswalk in the children protection zone, and he did not look at the right and right of the front and left-hand turn, causing the instant accident, and thus, the degree of negligence is considerably significant.

Although the defendant has long passed, he has been punished for the same kind of crime.

However, it is advantageous to the fact that the defendant's mistake is recognized, and the victim does not want the punishment against the defendant by mutual consent with the legal representative of the victim.

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