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(영문) 인천지방법원 2014.04.18 2014고정1162
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 a BM7 car.

On December 14, 2013, the Defendant driven the above car on December 22:40, 2013, proceeding from the side of the modern apartment 106-dong, Gyeyang-gu, Incheon, to the funeral from the side of the modern apartment management office to the funeral, and turned to the parallel CGV at a speed of 10km per hour.

At the time, pedestrians are at night and a place where they can pass at any time. In such a case, there was a duty of care to prevent traffic accidents by accurately manipulating the front door and the right and the right and the right and the right and the right and the right and the right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and caused the victim to go beyond the floor due to the negligence of bypassing the vehicle as it was, and caused the victim C(the age of 41) on the left side of the victim C(the age of 41).

As a result, the Defendant, by occupational negligence, caused the victim to suffer injury to the “influences and tensions” requiring approximately two weeks of medical treatment, but did not immediately stop and take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Court statement of the defendant; 1. The suspect interrogation protocol of the police as to D;

1. Statement to C by the police;

1. On-site and vehicle photographs;

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

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 (including the fact that the victim has agreed with the victim smoothly and the victim wishesed to appear in this court and the defendant's preference to the defendant, the fact that there is no power to commit a crime other than once a fine is imposed on around 199, and the fact that the victim is in depth against the defendant, etc.);

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

1. The order of provisional payment;

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