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(영문) 광주지방법원 2018.11.15 2018고단3925
특정범죄가중처벌등에관한법률위반(도주치상)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving duties of K5 cars.

On June 6, 2018, at around 04:09, the Defendant came to go back to and from the entrance distance of the north-gu Seoul Metropolitan City, Gwangju Metropolitan City, to E-section from the D kindergarten room.

At the time, the Defendant showed the abolition of the Victim F(77 years of age) on the left side of the front left side, and thus, the Defendant had the duty of care to check and drive the damage or safety at sufficient intervals while reducing the speed and examining the attitude of the driver.

Nevertheless, the Defendant neglected this and caused the damage to the front part of the left side of the Defendant’s driving vehicle due to the negligence of driving the vehicle as it is, and followed by the front part of the Defendant’s driving vehicle with the wheels of the victim’s left hand.

Ultimately, even though the Defendant suffered injury to the victim, such as pressure 1st week pressure, etc., due to the above occupational negligence, the Defendant fleded without taking measures, such as aiding the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes on 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the following circumstances: (a) the instant criminal facts of the instant case, leaving the site without taking necessary measures despite having inflicted an injury on the victim by causing a traffic accident causing the sentencing of Article 334(1) of the Criminal Procedure Act; and (b) the degree of injury on the victim cannot be seen as minor; (c) the Defendant’s driving vehicle is covered by a comprehensive motor vehicle insurance policy; and (d) the victim is additionally insured.

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