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(영문) 광주지방법원 2017.11.13 2017고합118
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 drives a BMW car.

On December 30, 2016, the Defendant driven the above car on December 11:34, 2016, and led D's front road C to the third day from the north port of Korea.

There are one-lane roads, and there are students who walk the roads in front of the schools, so there was a duty of care to operate the steering gear and brake system accurately by putting on the front side and the right side of the driving person who is engaged in driving.

Nevertheless, the defendant neglected to perform the above duty of care and caused the part of the victim E (n.e., the 12 years old) who flicked the road due to the negligence of driving the road. The defendant served as the front wheels of the car operation.

Ultimately, the Defendant suffered injury to the right-free kneeto, right-hand kneto, and right-hand kne, which requires approximately two weeks of medical treatment by occupational negligence as above, and escaped without taking necessary measures at the site.

Summary of Evidence

1. The legal statement of witness E, F, G and H;

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

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;

1. Determination as to the defendant's assertion under the main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit

1. Summary of the assertion

A. The defendant has no negligence on the occurrence of an accident.

B. The victim did not suffer injury.

(c)

There was no perception of the victim's injury to the defendant.

(d)

The defendant's act may not be assessed as escape.

2. Grounds for sentencing against him/her (seven jurors only) based on the jury verdict.

1. Scope of applicable sentences under law: Fines of not less than 5 million won but not more than 30 million won;

2. Determination of sentence: Fines of five million won;

3. Jurors.

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