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(영문) 서울동부지방법원 2019.07.10 2019고단520
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by a fine of eight million won.

When the accused does not pay a fine, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a trop car.

On November 24, 2018, the Defendant driven the above vehicle at around 09:34, while moving off the front crosswalk of Seongdong-gu Seoul Metropolitan Government to D-lanes from the direction of the roof investigative distance to three-lanes, and the driver is a crosswalk installed with a signal, etc., so the driver is obliged to temporarily stop and safely proceed according to the new code, and to protect pedestrians, despite the fact that the driver has a duty of care to protect pedestrians, while neglecting and proceeding without neglecting it, the driver was on the pedestrian signal while driving the above vehicle at around 09:34, the Defendant got the victim E (n, 60 years of age) as the front-hand part of the Defendant's vehicle, and got the victim E (n, 60 years of age) to go beyond the floor.

The Defendant, by negligence in the course of performing the above duties, sustained bodily injury, such as “finites and tensions,” which requires the victim to receive approximately two weeks of medical treatment, and escaped without taking necessary measures, such as aiding the victim at the site.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition and photographs of accident images;

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 (Selection of Fine)

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that apartment security guards, who left the site after getting out of the site after the accident due to the reason for sentencing, have the name, contact, address of the defendant, and the security guards have taken the body (50 pages). In light of the defendant's personal chest, scarcity, public yellow disorder diagnosis, and the above measures after the accident, leaving the site is not for the purpose of making it impossible to identify the perpetrator as in the case of a common escape vehicle, but for the purpose of not for the purpose of making it impossible to check the scene due to a serious yellow disorder caused by being surrounded by many people such as the defendant's defense room, and the victim is either a security guard or his family member from the site.

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