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(영문) 청주지방법원 2019.05.22 2018고정691
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 is engaged in driving a Category B car.

On June 22, 2018, the defendant, around 16:43, run 101 Mungsan-ro, Masan-ro, Goi-gu, Goi-si, Goi-si, Goi-si in the two-lanes of the two-lanes of the two-lanes of the two-lanes of the North

In such cases, a person engaged in driving a motor vehicle has a duty of care to observe the signal, and the driver has a duty of care to prevent accidents due to the care of pedestrians.

Nevertheless, the part of the victim E (the 9 years old) who crosses the crosswalk to green, etc. on the side of the D market by negligence in driving in violation of the signal, was shocked to the right side of the Maz vehicle.

Therefore, the Defendant, by such occupational negligence, escaped without taking measures, such as immediately providing relief, even though he/she sustained injuries in the side lives in which two weeks of treatment are required to E.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of examination of the witnessF;

1. The police statement concerning G;

1. The de facto survey report, diagnosis report, and CCTV closure [the defendant and his defense counsel asserted that the defendant did not shock the victim with a vehicle at the time of the instant case and did not cause injury to the victim. However, according to the aforementioned evidence, the defendant can be found to have shocked facts with a vehicle, and in light of the background of the accident, degree of shock, age of the victim, etc., the fact that the victim was injured by the said accident can also be recognized, and the facts charged can be found guilty as all of the facts charged.] The application of statutes

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

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;

1. The Criminal Procedure Act shall bear litigation costs.

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