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(영문) 서울서부지방법원 2016.09.23 2016고정843
특정범죄가중처벌등에관한법률위반(도주차량)
Text

Defendant shall be punished by a fine of three 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 a car in XG owned by the defendant.

On March 12, 2016, the Defendant, around 18:30 on March 12, 2016, was moving back to the right direction in the parking lot of the modern apartment complex 111.

In this case, the driver of any motor vehicle has a duty of care to live well before, after and after the passage of the front and the right of the front and the right of the front and rear apartment complex.

Nevertheless, the Defendant neglected this by negligence, and did not look at the victim C (V, 78 years of age) who appeared in the aftermath and walked at the aftermath of the collision, and she went beyond the upper half of the victim due to the vehicle driven by the Defendant.

The Defendant, by negligence in the above occupational negligence, suffered from the injury of the above victim, such as the “rain salt field,” which requires approximately two weeks of treatment, but did not take appropriate measures, such as rescue of the victim or reporting to the police, despite having to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the victim of an accident;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and selection of fines concerning the crime

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

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

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