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(영문) 인천지방법원 2016.11.24 2016고정1687
특정범죄가중처벌등에관한법률위반(도주차량)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 of Doz S350L car.

On March 21, 2016, the Defendant driven the above vehicle on March 21, 2017:45, while driving the crosswalk in front of the Incheon Southern-gu E, Incheon, along the direction of the education-oriented fire-fighting distance from the direction of the education-oriented children park, was driving the crosswalk in an unfasible speed.

Since the above place has a crosswalk where a signal, etc. is installed, there was a duty of care to confirm whether a person engaged in driving service has a road by checking well the right and the right, and to drive safely in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and caused the Defendant to go beyond the road by neglecting that the ongoing signal was changed to a stop signal, and the Defendant’s negligence of driving the vehicle beyond the center line so that the victim F (5 years old, n.e., the left-hand side of the victim F (5 years old, n.e., the Defendant got the front-hand part of the vehicle.

Ultimately, due to the above occupational negligence, the Defendant left the victim without necessary measures, such as providing relief to the victim by immediately stopping the victim, even though he/she injured the right bed, which requires two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The actual condition survey report;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs and photographs of vehicles;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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