(영문) 대구지방법원 서부지원 2019.03.28 2018고정499

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(영문) 대구지방법원 서부지원 2019.03.28 2018고정499

특정범죄가중처벌등에관한법률위반(도주치상)

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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 of B-learning passenger cars.

around 14:35 on May 23, 2018, the Defendant continued to drive a front road of D elementary school located in Daegu Seo-gu C.

Since the place has a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a road by reducing speed and by properly examining the right and the right and the right of the road, and there was a duty of care to safely drive according to the new subparagraph.

Nevertheless, the Defendant neglected to do so and neglected that the vehicle driving signal is changed to the stop signal, and neglected to proceed as it is, followed by negligence, the left-hand bridge of the victim E (the age of 11) who was up to the crosswalk from the right-hand side of the eavesd course to the left-hand side.

Ultimately, even though the Defendant suffered injuries to knee, knee, and tensions in detail due to the above occupational negligence, the Defendant immediately ceased to stop and failed to take measures, such as aiding and abetting the victim, even though knee, etc. requiring treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. A medical certificate;

1. A report on the occurrence of a traffic accident, a camera of the accident, a site photograph of the accident, and a actual condition survey report;

1. In full view of the investigation report (accidents and accident sites), investigation report (on-site CCTV image verification), investigation report (on-site CCTV image verification), and (see, e.g., Supreme Court Decision 2013Do9124, Dec. 26, 2013). In full view of the following: (a) the details and details of the instant accident recognized by the aforementioned evidence; (b) the victim’s injury level and degree; (c) the driver’s fault degree; (d) the age and gender of the accident driver and the victim; and (e) the circumstances after the accident occurred; and (e) the Defendant appeared to have taken measures to find out the victim’s contact with the victim after the occurrence of the instant accident.

유사 판례

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-서울중앙지방법원 2017.07.07 2016나72855

-수원지방법원 안산지원 2014.08.20 2014고단1283

-수원지방법원 2015.09.23 2015고정2022

-서울중앙지방법원 2019.06.04 2018나69600