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(영문) 대구지방법원 서부지원 2018.04.26 2017고단1869
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a racing vehicle B.

On June 17, 2017, the Defendant driven the above vehicle around 17:30 on the 17th day of June, 2017, and led to the passage of the D station located in Seogugu Seo-gu, Daegu bypassing the road in front of the D station to the outflow of the Sungsan church.

Since there are bicycle-only roads and crosswalks, the driver of the motor vehicle has a duty of care to prevent accidents in advance by making it possible for those driving the motor vehicle to drive the motor vehicle by reducing speed and by properly examining the right and the right of the road and the right and the right of the road.

Nevertheless, the Defendant neglected this and got a bicycle front part of the Defendant’s bicycle front part on the left side of the Defendant’s motor vehicle without finding out a bicycle driven by the victim E (11) who got a bicycle from the bicycle lane, driving a bicycle directly from the bicycle lane and entered the crosswalk.

Ultimately, the Defendant, by negligence in the above business, sustained injury to the victim about four weeks of the closed abscam which requires medical treatment, and at the same time, destroyed the above bicycle to the extent of 122,00 won, including the exchange of a bicycle front, which is owned by the victim, and escaped without taking necessary measures, such as stopping and aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. A photo at the scene of an accident, and map at the scene of an accident;

1. Photographs of damaged bicycles and vehicles;

1. CDA images;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes

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