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(영문) 서울남부지방법원 2017.09.13 2017고정1514
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

The defendant is a person who is engaged in driving a BM5 car.

On June 19, 2017, around 16:11, the Defendant proceeded with a one-lane road of the children protection zone in front of the Seoul Airport elementary school located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, 1:68, at a speed that would not be known to the 6-lane from the edge of the tax office where the river is located.

The victim C(8) is driving a bicycle on the right side of the front side of the road, so in such a case, a person engaged in driving a motor vehicle has a duty of care to properly manipulate the front side and the right and the right and the right and the right and the right and the right and the right and the right of the motor vehicle and prevent the accident from occurring.

Nevertheless, the Defendant neglected this and led the victim to go beyond the ground by driving a bicycle on the right side of the SM5 car operated by the Defendant without viewing the bicycle hand to enter the road on his own left side in order to cross the road. However, the Defendant got a bicycle driving by the victim on the right side of the SM5 car operated by the Defendant and let the victim go beyond the ground due to the shock.

Ultimately, even though the Defendant suffered injuries, such as knee knee knee knee knee knee knee knee, etc., due to such occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as aiding the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A fact-finding survey report and a traffic accident occurrence 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 and Article 268 of the Criminal Act 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;

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