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(영문) 창원지방법원 통영지원 2017.06.12 2017고정151
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 C-3 car.

On December 3, 2016, the Defendant operated the above car at around 17:50 on December 3, 2016, and continued to turn to the left from the shore to the national highways No. 14 on the right-hand turn.

Since there are crosswalks where signal lights are installed on the front side, in such a case, a person engaged in driving a motor vehicle has a duty of care to reduce speed according to the signals indicated by the signal apparatus and to drive the motor vehicle safely by checking well the right and the right and the right of the signal apparatus.

Nevertheless, the Defendant neglected this and proceeded with the green signal in pedestrian signal while it is, as it is, in accordance with the above green signals, got off the front part of the victim D (the age of 41) who dried the crosswalk in accordance with the above green signals as the front part of the above K3 vehicle.

Defendant 1 left away without immediately stopping and taking necessary measures, such as providing relief to the injured party, even though Defendant 2 suffered injury to salt, tension, etc. in need of approximately two weeks of medical treatment due to such occupational negligence.

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 to reports on the occurrence of traffic accidents, on-site investigations, on-site photographs, and diagnostic certificates;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and 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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