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(영문) 서울동부지방법원 2017.04.26 2017고단568
특정범죄가중처벌등에관한법률위반(도주치상)
Text

Defendant shall be punished by a fine of seven 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-Scar.

On December 21, 2016, the Defendant driven the above car on December 22:47, 2016, and proceeded on the side road without the 363 neighboring vehicles as Seoul Songpa-gu, Songpa-gu, Seoul, to the direction of the NAF to the NAF, and turn to the left in the direction of the transmission.

당시는 비가 오는 저녁 시간이며 그곳은 교통정리가 행하여 지지 않는 ‘ ㅏ’ 형 도로이므로, 이러한 경우 자동차의 운전업무에 종사하는 사람으로서는 전방 및 좌우를 잘 살피고, 조향 및 제동장치를 정확하게 조작하여 안전하게 운전하여야 할 업무상의 주의의무가 있다.

Nevertheless, the defendant neglected to make a left-hand turn without neglecting it, and left-hand turn on the left side of the road, followed by the left side of the victim D(35 tax) who walked on the left side of the vehicle and taken the left side into the front side of the said vehicle.

As a result, the Defendant got about two weeks back to the left-hand side of the victim due to the above occupational negligence, but failed to immediately stop and take necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 54 (1) of the Road Traffic Act, the selection of fines, and Article 54 (1) of the Road Traffic Act concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) of the Criminal Procedure Act): The punishment as ordered shall be determined by comprehensively taking into account the following circumstances: the Defendant’s age, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime.

The favorable circumstances: confession and reflect.

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