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(영문) 대전지방법원 천안지원 2017.11.23 2017고단1486
특정범죄가중처벌등에관한법률위반(도주치상)
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant shall drive a car frequently or frequently.

On June 4, 2017, the Defendant driven the above car at around 18:00, and driven the two-lane road in front of the E cafeteria located in Asan City D from the direction of the Do, along that two-lanes of the road from the direction of the photographer.

At this point, there is an intersection where signal lights are installed, so in such cases, the driver of the motor vehicle has a duty of care to not proceed with the stop in the case of red signal.

Nevertheless, the Defendant neglected to do so and led the Defendant to the front side of the above vehicle with the front side of the victim F (the age of 19) who dried the crosswalk in accordance with the pedestrian signals by negligence that led to the red signal on the crosswalk.

In this accident, the victim suffered sacrifies that need to be treated for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the witness F;

1. A traffic accident report, nine photographs, and video images related to the accident;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Crime, and Article 268 of the Criminal Act (Selection of Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The not guilty portion of the Defendant’s criminal punishment records (other than four times of fines, and the last criminal record was not past 12 years) on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, such as the background of the instant crime, the degree of violation of the duty of care of the Defendant, the degree of injury of the victim, the act of the Defendant immediately after the accident, the victim’s consent not to punish the Defendant.

1. The summary of the facts charged is that the Defendant, while driving a car as stated in the facts charged, suffered approximately two weeks from the victim F inception satisfy, and does not immediately stop and take necessary measures, such as aiding the damaged person.

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