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(영문) 대전지방법원 천안지원 2018.08.07 2018고정302
특정범죄가중처벌등에관한법률위반(도주치상)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person driving a CM5 vehicle.

On August 16, 2017, the Defendant, in the city of 18:30 on 16, 2017, directed the front distance of the wooden apartment located in Seo-gu, Seo-gu, Chungcheongnam-gu, Seocheon-gu, Seocheon-dong, in the direction of the apartment room in the flue-dong flue apartment.

A driver of a motor vehicle has a duty of care to check whether a pedestrian, an obstacle exists in a crosswalk and prevent an accident by driving the motor vehicle along the crosswalk.

Nevertheless, the Defendant neglected this and did not discover the victim D (the remaining, 11 years old) who was unauthorized crossinging of the pedestrian signal at the time, and received the victim's right-hand bridge with the left rear of the relevant vehicle.

As a result, the Defendant suffered from occupational negligence the injury of the victim, such as cutting the body part of the pelto part of the pelto part, which is in need of six weeks of treatment.

The Defendant, who caused the above traffic accident, escaped without any measure despite having to take necessary measures, such as immediately stopping and getting off at the scene of the accident and confirming the situation of damage.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. 현장 및 피해자 사진, 블랙 박스 동영상 CD [ 피고인은 자신의 차량이 피해자의 우측 다리와 접촉한 사실이 없고, 피해자가 당시 깜짝 놀라 스스로 넘어져 상해를 입은 것이라고 주장한다.

However, the application of the laws and regulations is sufficiently recognized, in full view of the video records of the track, the statements of the victim, the records of the damaged body photographs taken immediately after the accident, etc. of the defendant's vehicle with the rear wheels of the victim's bridge.

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and 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 crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, is based on objective evidence.

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