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(영문) 인천지방법원 2013.05.09 2013고정357
특정범죄가중처벌등에관한법률위반(도주차량)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is a driver of Bioio car.

On November 14, 2012, at around 13:50 on November 14, 2012, the Defendant got to turn to the left at a speed below the crosswalk 18-8, Yeonsu-gu, Incheon Metropolitan City.

Since there is a place that is the front of an elementary school and a crosswalk is installed, drivers have the duty of care to look at whether the crosswalks are dried, and to safely drive the crosswalks in accordance with the new code and prevent accidents.

Nevertheless, by occupational negligence of the defendant's left turn, the defendant shocked the bridge of the victim C (year 11) who has a crosswalk in accordance with the pedestrian signals from the right-hand side of the motor vehicle running on the right-hand side of the defendant's vehicle by his/her occupational negligence to the left-hand side of the motor vehicle.

Ultimately, even though the Defendant suffered kneeing knee Park, which requires treatment for about two weeks due to such occupational negligence, he immediately stopped and escaped without taking necessary measures, such as aiding the injured.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act regarding the crime. Article 5-3 (Selection of Fine)

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2008) (including the case where the defendant confessions the crime of this case as the primary offender and reflects depth thereof,

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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