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(영문) 서울중앙지방법원 2018.03.22 2018고정215
특정범죄가중처벌등에관한법률위반(도주치상)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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 service of 125 124.6CC.

On July 20, 2017, the Defendant driven the off-to-face 18:21, and proceeded at a speed that does not know from the right side to the right side of the road in front of the Seoul Special Metropolitan City, Nowon-gu.

At the same time, there was a crosswalk in which signal lights are not installed on the front, and in this case, there was a duty of care to check whether a person engaged in driving service has a duty of care to safely drive the road by reducing speed and properly examining the right and the right of the front and the right of the road.

Nevertheless, the Defendant neglected to do so and neglected to do so, and neglected to do so in front of the front, and due to the negligence of proceeding without reducing the speed in front of the crosswalk, and received the front part of the Defendant’s driving of the front part of the victim G (7 years) who opened the crosswalk between the crosswalk and the stop line.

Ultimately, even though the Defendant suffered injuries, such as salt kneeing a knee’s kne’s kne’s knee, which requires treatment on the part of the victim due to the above occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written statement on the occurrence of each traffic accident and the report on a traffic accident;

1. A medical certificate;

1. Application of CCTV image CD-related Acts and subordinate statutes;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and selection of fines concerning the crime;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following favorable circumstances):

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

1. Article 334(1) of the Criminal Procedure Act provides that the defendant's negligence on the ground of sentencing of Article 334(1) of the Criminal Procedure Act does not take necessary measures despite the victim's injury, and the defendant runs away.

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