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(영문) 대구지방법원 2020.07.22 2020고정549
특정범죄가중처벌등에관한법률위반(도주치상)
Text

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

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

Reasons

Punishment of the crime

On September 11, 2019, the Defendant driven B taxi on September 20, 2019, and moved to C bypassing the pedestrian crossing from the opposite bank to C at the opposite bank.

At the time, the location is a private distance intersection where signal lights are installed, and the crosswalk was installed, so there was a duty of care to protect the traffic signal well and thoroughly and drive the person engaged in driving service in a safe manner.

Nevertheless, the Defendant neglected this and did not discover the victim D (53 years old) who was going on a bicycle from the right side of the course to the left side of the mast by negligence in violation of the signal, and did not get the front wheels of the victim's bicycle to the front right side of the taxi operated by the Defendant.

As a result, the Defendant suffered injury to the victim, such as the cutting of a tent and the closing of a tent, which requires treatment for about five weeks due to such occupational negligence, but failed to immediately stop and take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

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

1. Report on internal investigation of the police (investigation, etc. of vehicles for use);

1. Photographss by cutting a black stuff image;

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, Article 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although there are unfavorable circumstances such as the violation of the reason for sentencing of Article 334(1) of the Criminal Procedure Act and the violation of signal signals and crosswalks, shocking the victim, and the victim escaped, the victim was seriously injured, the victim did not receive a letter of suspicion, and the fact that there was a history of causing several traffic accidents, it is appropriate through the E-Financial Cooperative.

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