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(영문) 창원지방법원 진주지원 2016.05.26 2016고정155
특정범죄가중처벌등에관한법률위반(도주차량)
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Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On November 14, 2015, the defendant operated the D-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Since there is a narrow road without a median line and there is a pedestrian walking opposite to the opposite side, there was a duty of care to drive safely by thoroughly operating the steering direction and brake system of the motor vehicle.

Nevertheless, due to the negligence of neglecting this, the victim F, who walked in opposite to the Defendant’s vehicle, knee’s right-hand kne, knee’s kne’s kne, which requires treatment for about two weeks, was faced with the victim’s kne’s kne’s kne’s kne’s kne, etc.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Video CDs at the time of an accident;

1. A medical certificate;

1. Application of statutes on site photographs;

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 crime committed;

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's assertion under Article 186 (1) of the Criminal Procedure Act and the judgment on this issue

1. The Defendant did not recognize that he had sustained an injury by the victim at the time.

In addition, since one victim's injury is extremely minor and not in need of medical treatment, the crime of escape is not established.

2. According to the evidence as seen earlier, the Defendant: (a) while driving a vehicle on the sea, was coming to the right side of the victim (if 43 years old), who was going to walk on the front side of the vehicle; and (b) the victim went to the right side of the vehicle; and (c) the Defendant did not get out of the vehicle on the back of the sea and went to G, who is the victim and the witness of the accident, without holding the window of the vehicle on the side.

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