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(영문) 의정부지방법원 고양지원 2019.05.16 2019고정126
특정범죄가중처벌등에관한법률위반(도주치상)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives B's low-income cars.

On May 30, 2017, the Defendant: (a) around 16:47, the Yongsan-gu Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City Nowon-gu Public Health Center Scam, 126 U.S. Along with a large number of people who walk, the Defendant neglected the Defendant’s duty to safely drive on the road, such as checking whether there is a pedestrian who walked before and after the intersection; and (b) neglected the Defendant’s duty to safely drive on the road by failing to confirm the signal of the victim C (here, 12 years of age) while making a telephone call with his/her friendship with his/her friendship and without confirming the signal; and (c) made the victim go beyond the road with his/her right body of the victim’s head who requires treatment for about three weeks; and (d) even the victim is fine,” and the victim does not take necessary measures such as sending the defective victim to the hospital or notifying the victim of contact at the scene, etc., and did not escape from the road.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement regarding C;

1. An investigation report (including evidence No. 11, accompanied by black boxes and video CDs);

1. A written statement;

1. In light of the legislative intent of the provision on the aggravated punishment of a fugitive driver as provided in Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the protected legal interest thereof, in a case where it is not deemed necessary for the accident driver to take the measures as provided in Article 54 (1) of the Road Traffic Act, such as actually aiding the victim, even if the accident driver leaves the place of accident without taking such measures as aiding the victim, it does not constitute a crime of violation of Article 5-3 (1) of the Road Traffic Act. However, whether it was necessary to take such measures as aiding the victim, the details of the accident, and whether it was necessary

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