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(영문) 창원지방법원 통영지원 2014.11.14 2014고정450
특정범죄가중처벌등에관한법률위반(도주차량)
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 the duty of driving B or B in Ireland.

On June 11, 2014, the Defendant driven the above vehicle at around 16:30, and operated two-lanes in the direction of the CJ driving range in the latter part of the Cmaart road in front of the C at the time of C.

It is a child protection zone and a crosswalk is installed, and there are vehicles parked on the side of the road at the time, so in such a case, the driver has the duty to stop on a temporary stop line installed before reaching the crosswalk, to check whether there is a pedestrian crossinging along the crosswalk, and to take care of preventing accidents.

Nevertheless, the defendant neglected to operate the crosswalk as it is, and caused the defendant's negligence to shock the left side of the victim E (10 years old, female) to the right side of the respondent's vehicle.

Thus, even though the defendant suffered from the selbow part of the arms requiring treatment for about two weeks due to occupational negligence, he did not take necessary measures such as aiding the injured and leaving the site without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A medical certificate;

1. Application of CCTV-related Acts and subordinate statutes;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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