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(영문) 전주지방법원 2015.03.31 2015고정44
특정범죄가중처벌등에관한법률위반(도주차량)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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 drives Brens vehicles.

On September 14, 2014, around 19:11, the Defendant driven the said vehicle at a speed from the right side of the apartment to 102 east from the right side of the apartment.

Since it is an apartment passage, a person engaged in driving service has a duty of care to thoroughly check and proceed with the safety of the course.

Nevertheless, the part of the left-hand side of the victim C (the 8 years old, south) who is up to the left-hand side of the proceeding direction due to negligence that is not neglected to do so, was shocked by the front-hand part of the vehicle.

Ultimately, the Defendant, by such occupational negligence, went away from the site without taking necessary measures, such as taking relief measures, even though he/she suffered injuries, such as breaking out the part of an unknown details, which requires medical treatment for the victim for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

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

1. Application of Acts and subordinate statutes of a medical certificate;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., reflective points, primary points, those not less damaged, those agreed with the victim);

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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