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(영문) 대전지방법원 공주지원 2017.03.24 2017고정6
특정범죄가중처벌등에관한법률위반(도주치상)
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Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is engaged in driving a B car free car.

On November 06, 2016, the Defendant driven the above car at around 20:12, and led to the entrance distance at the entrance of the YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

At the time, the crosswalk and bus stop are installed at night and going to and from a two-lane road. In such a case, the driver of the motor vehicle has a duty of care to prevent accidents in advance due to safe driving of the motor vehicle, such as driving on the side or bus stop, by accurately operating the steering system, brake and other devices of the motor vehicle, and driving on the side and the bus stop where there is a person in front of the bus stop.

Nevertheless, the Defendant, while neglecting such duty of care, was negligent in driving the vehicle by neglecting his duty of care in the front direction, and received by negligence the parts such as the victim C (17 tax) who was on the right side of the road in the direction of the vehicle of the Defendant.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained injury to the victim, such as saved salt in need of treatment for about two weeks, but failed to immediately stop and take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of some of the police officers against the accused;

1. Each police statement made with respect to C and D;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and a report on each investigation;

1. Application of the Acts and subordinate statutes governing diagnostic certificates and accident site photographs;

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, Article 268 of the Criminal Act and selection of fines concerning the crime;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Articles 70 and 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, made a confession as an initial offender.

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