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(영문) 인천지방법원 2020.02.13 2019고정961
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 a B M& car.

Around 14:20 on August 2, 2017, the Defendant driven the above vehicle, leading the roads in front of Incheon Nam-gu C to the D market from the side of the public parking lot.

Since there is a narrow side road where the passage of a person and a vehicle is frequent, there was a duty of care to prevent accidents by accurately manipulating the front, rear, left, and right and the right of the person engaged in driving of the motor vehicle, and accurately operating the steering system.

Nevertheless, the Defendant neglected this and got the victim to go beyond the floor by taking the right side of the victim E (the age of 57) who walked to the D market from the right side of the defendant's proceeding direction by his negligence.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained injury to the right-side spons, etc., which requires treatment for about two weeks, but did not immediately stop and take necessary measures, such as aiding the victim.

Summary of Evidence

1. Each legal statement of witness E and F;

1. The victim’s photo, each on-site photograph, actual condition survey report, and diagnosis report [based on the evidence duly adopted and examined by this court, the defendant may fully recognize the fact that the defendant escaped without taking necessary measures against the victim E, as described in the facts charged, without taking necessary measures. The defendant’s and his defense counsel’s assertion is not acceptable] to the law applicable.

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Selection of fines for the crime;

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;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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