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(영문) 수원지방법원 안산지원 2021.03.25 2021고정111
특정범죄가중처벌등에관한법률위반(도주치상)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service of rad vehicle B.

On November 20, 2020, the Defendant driven the above vehicle at around 23:20, and made the two-lanes of the front C in front of the Dong-dong post office at the left turn at a speed that would not be known depending on the direction of the Gu-dong post office in the direction of the park.

Since a crosswalk is installed on the front side, in such a case, a person engaged in driving service has a duty of care to check whether there is a person, who will temporarily stop in front of the crosswalk, and to see well the right and the right and the right of the crosswalk, and to prevent the accident by driving it.

Nevertheless, due to negligence of failing to make a left-hand turn, the victim D (the age of 17) who was crossing the crosswalk from the left-hand side of the course to the right-hand side of the crosswalk was shocked by the driver's seat of the vehicle, followed by the victim's left-hand edge with the front-hand wheels of the driver's seat of the vehicle.

As a result, the Defendant, by negligence in the above occupational negligence, inflicted an injury upon the victim in need of hospital treatment for about 10 days, such as “salinium and tension,” “salinium and tension,” “salinium and tension,” and “the salt and tension of the urine,” but escaped without taking measures, such as providing rescue to the victim.

Summary of Evidence

1. Application of Acts and subordinate statutes to photographs, such as a traffic accident report to the police statement protocol by the defendant on the defendant's legal statement D, photographs related to the crime prevention CCTV, video CDs, video closures, and photographs to captures;

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, Article 268 of the Criminal Act and selection of fines concerning the crime;

1. Articles 53 and 55(1)6 of the Criminal Act to reduce the amount of a small quantity (see, e.g., Supreme Court Decision 2006Da1548, Feb. 1, 2021; Supreme Court Decision 2006Da1448, Feb. 1, 202)

1. The Criminal Act to attract a workhouse;

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