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(영문) 수원지방법원 2016.05.19 2015고정2185
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM5 car.

On June 10, 2015, the Defendant driven the above car on June 10, 2015, and moved the shooting distance from a cheon Middle School, which is located with the Suwon-gu Seoul Metropolitan Franchiste, to a right-way distance from the west of 10,000.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a person who gets involved in driving a motor vehicle by reducing speed and by properly examining the right and the right of the motor vehicle, and to safely drive the motor vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and received the front part of the bicycle driving by the victim D (12) who entered the crosswalk pursuant to the pedestrian signals due to the negligence of bypassing it as it is.

As a result, the Defendant suffered injury to the victim, such as 5 dump dump, etc., the right side of which requires treatment for about two weeks by occupational negligence as above, and at the same time, the Defendant destroyed the above bicycle so that it can not be identified, thereby aiding the damaged person, or escape without taking necessary measures when a traffic accident occurred against the damaged vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and D;

1. Statement made by the police against D;

1. A traffic accident investigation report and a traffic accident occurrence report;

1. On-site photographs, photographs of the scene of the accident, and bicycle photographs of damaged bicycles, and photographs of harming vehicles;

1. Photographss of CCTV images for crime prevention;

1. Intersections, signal cycle signs, signal points, etc. of the accident place;

1. A medical certificate;

1. Application of the CCTV-related Acts and subordinate statutes for crime prevention;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the act of failing to take measures after the damage of property)

1.Article 40 of the Criminal Code of Trade and Trade.

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