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(영문) 서울중앙지방법원 2014.03.10 2013고정6061
특정범죄가중처벌등에관한법률위반(도주차량)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Clearning car.

On September 25, 2013, the Defendant driven the above car on September 15:23, 2013, and proceeded the front road of the 168-13 Sari-dong, Dongjak-gu, Seoul Metropolitan Government, to the 10km speed from the male room to the cream apartment.

At the same time, there are many pedestrians around the alley length of the house and the surrounding areas, so in such a case, a person engaged in driving of the vehicle has a duty of care to accurately operate the steering direction and brake system of the vehicle.

Nevertheless, the Defendant neglected to do so and did not properly look at the front bank, and took the arms of the victim D (Nam, 13 years old) who kid from the left-hand side of the Defendant, which were flicked on the left-hand side of the Defendant, into the front-hand mirror of the said car, and caused the shock of the victim by the shock.

The Defendant, due to the above occupational negligence, suffered from a part of a sacrife, etc. requiring approximately two weeks of treatment, and immediately stopped and escaped without taking measures, such as providing relief to the victim.

The prosecutor stated in the facts charged that "the defendant shocked the victim's arms coming from the left side of the defendant with the driver's seat after the driver's seat of the above car, and continued to meet the victim's growth with the front wheels of the above car's left side," but it is recognized that "the defendant obtained the victim's arms coming from the victim's seat after the driver's seat of the above car, and caused the victim's shock by the shock."

The above facts of recognition are within the scope recognized as identical to the facts charged in the indictment, and there is no concern about substantial disadvantage in the exercise of the defendant's right of defense in light of the progress of the trial even after recognizing the facts of crime as stated in the above facts of recognition.

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