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(영문) 제주지방법원 2016.11.17 2016고단1906
특정범죄가중처벌등에관한법률위반(도주치상)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 BM3 car.

On July 2, 2016, the Defendant driven the said car on July 2, 2016, and driven the front side road of C at Jeju, along the direction of the married couple’s pharmacy.

At the time, there are nights and places where pedestrians are frequent, so in such cases, the defendant engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle slowly and safely.

Nevertheless, the Defendant neglected to do so and went beyond the ground floor by facing the right side of the victim D (the age of 63) who walked along the right side of the direction where the Defendant was proceeding by negligence.

Ultimately, the Defendant, by the above occupational negligence, suffered from the victim’s mort, but did not immediately stop and take necessary measures, such as providing relief, even though her mort, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements related to D traffic accidents;

1. 교통사고 발생상황보고, 실황조사서⑴⑵

1. A criminal investigation report ( telephone conversations with victims), a criminal investigation report (specific circumstances of a suspect), and a criminal investigation report (report on verification of the state of spirits);

1. A criminal investigation report (CCTV verification, etc.), a photograph of CCTV images taken, a criminal investigation report (verification of CCTV TV, etc.), a criminal investigation report (CCTV verification report), and a criminal investigation report (report on the analysis of CCTV images at the time of a disaster);

1. Preparing and reporting a record of telephone recording or investigation;

1. Application of Acts and subordinate statutes of the general 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant is shocking pedestrians while driving.

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