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(영문) 인천지방법원 2014.03.25 2014고정805
특정범죄가중처벌등에관한법률위반(도주차량)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 5, 2013, the Defendant was driving a village bus around 08:15, and continued the road in front of the “Yongdong” located in the Seo-gu Incheon Metropolitan City, Seo-gu, to the direction of the center for culture of the elderly in the direction of the Seo-gu.

At a crosswalk where a signal, etc. is installed, in such a case, whether a person engaged in driving a village bus has the duty of care to check whether he/she has a road by reducing the speed and by properly examining the right and the right and the right of the village bus, and even though he/she had the duty of care to safely drive the road pursuant to the new subparagraph, the defendant neglected to do so while neglecting and proceeding the signal and neglecting the signal, and caused the victim to go beyond the ground by taking the left side of the victim D (10 years old) who walked on the above crosswalk according to the pedestrian signal at the time.

Ultimately, even though the Defendant suffered injuries, such as salt pans, etc., which require approximately two weeks of treatment by occupational negligence as above, the Defendant immediately stopped and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. Application of Acts and subordinate statutes to written statements, traffic accident actual investigation reports, on-site photographs, and diagnostic certificates;

1. Relevant 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 selection of penalties;

1. Articles 70 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;

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