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(영문) 서울중앙지방법원 2013.08.12 2013고정2692
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The sentence against the accused shall be determined by a fine of KRW 4,500,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle with C mixed vehicle.

On December 26, 2012, around 09:00 on December 26, 2012, the Defendant moved the two-lanes of the two-lanes between the two-lanes in the direction of the opening distance from the scarke basin of the Seoul Special Metropolitan City, to the US speed.

In such cases, when a person engaged in driving of a motor vehicle reduces the speed, well sees the front left well, and pedestrians walk the crosswalk, he/she has a duty of care to temporarily stop in front of the crosswalk to check the safety of pedestrians first and to prevent accidents in advance.

Nevertheless, the defendant neglected to stop the crosswalk on the right side of the crosswalk and immediately found the victim D (23 years of age, female) who cross the crosswalk from the right side of the crosswalk to the left side while the defendant started a stop on the crosswalk.

However, the victim's left-hand bridge was shocked by the driver's front of the defendant's vehicle without being faced.

After all, the defendant suffered injury that requires approximately two weeks of medical treatment, such as "mastal shoulder and spons of arms", by negligence in the course of business.

When any person is killed or injured due to the traffic of such vehicle, the driver of such vehicle, etc. immediately stopped the vehicle and took necessary measures, such as providing assistance to casualties, but the defendant escaped without any measures.

Summary of Evidence

1. Each police statement made to D and E;

1. A traffic accident 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 Article 268 of the same Act concerning criminal facts and the selection of fines;

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

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 39 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, the nature of the crime and the circumstances after the crime are committed.

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