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(영문) 수원지방법원 안양지원 2015.06.12 2015고단105
특정범죄가중처벌등에관한법률위반(도주차량)
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Clearning car.

On October 28, 2014, the Defendant driven the above car at around 18:10 on October 28, 2014, and turned to the left, from the 302 front of the D apartment at Sinpo-si to the Rocheon Elementary School at the seat of the cultural center shooting distance, and then, the above apartment at the 403-dong apartment complex at the speed of about 20 km between the above apartment and the 403-dong apartment complex at the city.

Since the entrance of the crosswalk and the front door of the apartment are adjacent to each other and the passage of pedestrians is frequent, there was a duty of care to look at the front door in preparation for the unauthorized crossing of pedestrians in the vicinity of the crosswalk and drive safely.

Nevertheless, the Defendant neglected this and proceeded without examining the front bank properly, and took part of the victim E (the 11-year-old) who illegally crossed the road on the right side from the left side of the running direction to the right side of the road.

Ultimately, the Defendant, due to the above occupational negligence, suffered injury to the victim, such as the pulmonary pulmonary frame, etc. in need of treatment for about three weeks, but immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness E and F [the credibility of the victim's statement is recognized in light of the fact that the victim E denies denies the escape, but the victim E's statement is consistent, there is no inconsistency with the circumstances such as the fact that the victim E arrives in the Taekwondo place after the accident, and the vehicle left the Taekwondo place after the accident, and the victim's walk about eight meters from the place where the accident occurred until the accident occurred so that the victim can walk about eight meters, etc.]

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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