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(영문) 광주지방법원 순천지원 2014.11.28 2014고정555
특정범죄가중처벌등에관한법률위반(도주차량)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

At around 10:49 on May 31, 2014, the Defendant driven the Haba, and proceeded at a speed of about 20 km/h from the bus terminal to the from the bus terminal, the roads in front of the Haba-gu Goung-gun, Goung-gun, Goung-gun, Chungcheongnam-gun, Seoul Special Metropolitan City at a speed of about 20 km/h.

Since there is a place around the traditional market in the ancient-gu, it is a place where pedestrians have a lot of traffic in ordinary times.

In such cases, drivers shall accurately operate the steering system, brakes and other devices of the vehicle, and shall not drive the vehicle at a speed or in such a manner as to inflict any danger and impediment according to the surrounding conditions and the structure and performance of the vehicle, and if any person intends to cross the road by reporting well the course in the front and the surrounding areas, he/she has a duty of care to take into account the situation well and safely to prevent accidents in advance.

Nevertheless, the defendant neglected to do so and continues to proceed with it.

The upper part of the victim C (the age of 76)'s upper part of the left side of the victim C (the age of 76) which was crossing the left side was the front part of the Oral part.

As a result, the Defendant caused by negligence in the course of performing duties a traffic accident that causes knee-free injuries to the victim, but escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition of traffic accidents;

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, Article 268 of the Criminal Act and Article 268 of the same Act concerning criminal facts and the selection of fines;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Jun. 1, 201);

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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