(영문) 대전지방법원서산지원 2020.11.16 2020고정188

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(영문) 대전지방법원서산지원 2020.11.16 2020고정188

특정범죄가중처벌등에관한법률위반(도주치상)

Text

Defendant shall be punished by a fine of three million won.

When the defendant does not pay the above fine, 10,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the driving of a car in AB owned C 2010.

At around 10:30 on May 14, 2020, the Defendant operated a road with no center line in front of the D department stores in Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, and led the Defendant to proceed to the direction of F cafeteria in the E-Apical area.

The place is the G market entry road, and the coordinates and wave rash are installed along both sides of the road, and the passage of unspecified number of vehicles and pedestrians is very frequent. In such a case, a person engaged in the driving of a motor vehicle has a duty of care to prevent accidents due to the following reasons: a person who is engaged in the driving of a motor vehicle has a duty of care to take care of the front and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, due to the negligence of neglecting this, the victim H (the 56-year old)'s left knife and the knife knife knife knife knife knife knife knife in the same direction as the right side of the road at that time.

The Defendant, by the above occupational negligence, suffered injury to the victim, such as fingers, urines, drillings, tensions, and tensions, which require approximately two weeks of medical treatment, and went away from the scene without any measure, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A medical certificate;

1. On-site photographs and CCTV CDs;

1. Application of Acts and subordinate statutes to the investigation report on the actual condition of traffic accidents and the report on the occurrence of traffic accidents;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 53 and 55 (1) 6 of the Criminal Act (hereinafter referred to as the following extenuating circumstances among the reasons for sentencing) concerning the relevant criminal facts, and Article 5-3 (1) 2 of the Act

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의3 제1항 제2호

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