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(영문) 제주지방법원 2016.12.22 2016고단1935
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 rocketing car.

Around 01:00 on April 19, 2016, the Defendant was driving the said car parked at the D Housing Parking Lot at Jeju, and started the driving.

At that time, a new wall time is used as a parking lot, it is the only passage for people to enter the above house as well as the passage of people. Since there was no streetlight, a person engaged in driving of a motor vehicle has a duty of care to prevent an accident in advance by checking whether there was a person or an obstacle before starting a motor vehicle and checking the surrounding areas of the motor vehicle, and even in the course of driving a motor vehicle, the person engaged in driving a motor vehicle has a duty of care to prevent an accident in advance by properly examining the front and rear left of the direction of the vehicle.

Nevertheless, it did not discover the victim E (the age of 43) who was under way in the parking lot due to the negligence of neglecting this, and instead did not discover the victim E (the age of 43) and served as the front and rear wheels of the said car.

Ultimately, even though the Defendant suffered from a right-hand sacrife, etc., which requires treatment for about nine days by occupational negligence above, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. E's statement of traffic accident-related person;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Investigation report (verification of the load of the vehicle and request for appraisal), load photographs of the vehicle under consideration, and written analysis and appraisal of the vehicle under consideration;

1. Investigation report (verification of fluor's vehicle booms images and CCTV images), booms, and CCTV images;

1. Medical certificates (E);

1. Blue vehicle booms images, Fla CCTV images, CD images;

1. Application of Acts and subordinate statutes to field drugs;

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. Detention at a workhouse;

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