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(영문) 대구지방법원 2019.10.16 2019고단3290
특정범죄가중처벌등에관한법률위반(도주치상)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 15:35, 2019, the Defendant driven a B car free from November 15:35, 2019, and led D kindergarten front of the D kindergarten located in Daegu Northern-gu C to proceed to the direction of the Subdivision from the direction of the E cafeteria.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to check whether there is another motor vehicle driving the intersection by reducing or temporarily stopping the speed.

Nevertheless, the defendant neglected this and proceeded without checking whether there are other vehicles passing through an intersection, and caused the victim to go beyond the floor by shocking the victim's bicycle side of the victim F(12 years old) driving on the right side from the left side of the running direction of the passenger car in the course of the passenger car in the case of the victim's car driving on the right side of the bicycle.

Ultimately, even though the Defendant suffered from an injury, such as kneee part knee, which requires the victim’s treatment by negligence in the course of business as above, the Defendant escaped without taking necessary measures.

Summary of Evidence

1. The defendant's statement on the third trial date in court;

1. Legal statement of witness G;

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

1. Each photograph: To cut the scene of an accident or to cut CCTV images;

1. A medical certificate;

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the provisional payment order is a crime during the period of probation, and Article 54 of the Road Traffic Act is necessary to leave the accident site without providing personal information, such as contact information, etc. of the defendant.

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