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(영문) 대구지방법원 2017.03.09 2016고단6309
특정범죄가중처벌등에관한법률위반(도주치상)
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

피고인은 C 포 르 테쿱 승용차의 운전업무에 종사하는 사람이다.

On November 3, 2016, the Defendant driven the above car at around 16:32, and proceeded with the roads D at the time of Gyeongsan-si from the front door room of the Central Elementary School.

At all times, crosswalks were installed on the front side of the road, and there were elementary schools on the side of the road, so in such a case, the driver had a duty of care to check whether there is a person, and to accurately operate the brakes and steering gear and prevent accidents in advance.

Nevertheless, the defendant neglected this and got the victim to go beyond the ground by driving the victim E (the 9-year old age)'s right generated from the left side of the defendant's moving toward the front wheels of the driver's car, which was going to the right side of the defendant's driving direction.

Ultimately, even though Defendant 1 suffered from the victim’s 10-day care due to the above occupational negligence, he immediately stopped and escaped without taking necessary measures, such as aiding and abetting the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to survey reports and diagnostic certificates;

1. Relevant provisions 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 concerning the crime, Article 268 of the Criminal Act, the selection of fines (such as the fact that the victim's degree of damage is minor and the defendant has agreed smoothly with the victim, and that the defendant appears to repent his/her mistake as the primary offender);

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;

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