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(영문) 서울동부지방법원 2017.02.07 2017고정46
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C carren car.

On September 12, 2016, the Defendant driven the above car on September 16, 2016, driving the car, driving the road in front of Songpa-gu Seoul Metropolitan Government D, driving from the department store in hurma hand to the upper sloping distance, and driving the car toward the upper sloping distance.

In this case, there was a crosswalk where signal lights are installed on the front door, so in order to ensure that the driver of the vehicle has a duty of care to safely drive the vehicle, such as reducing the speed and checking the right and the right and the right of the driver, and to prevent the accident in advance.

Nevertheless, the defendant neglected this and tried to go beyond the ground by collisioning the part on the right side of the bicycle of the victim E (15) (15) who was moving on the left side from the crosswalk using the crosswalk in accordance with the pedestrian signals by negligence, and let the victim go beyond the ground.

Ultimately, the Defendant, due to the above occupational negligence, suffered injury to the victim, such as the leg or other salves under which the victim needs to receive approximately two weeks of medical treatment, and at the same time, destroyed the bicycle owned by the victim to have approximately KRW 191,00, and escaped without immediately stopping and taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police for E;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the injury);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;

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