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(영문) 서울중앙지방법원 2016.03.24 2016고정491
특정범죄가중처벌등에관한법률위반(도주차량)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a car in the city of B.

On July 10, 2015, around 04:25, the Defendant entered a road with no front line of Gwanak-gu, Seoul Special Metropolitan City C from the front line to the new forest.

In such cases, a person engaged in driving a vehicle shall accurately operate the steering system, brakes, and other devices of the vehicle so as to prevent accidents in advance, and shall not drive the vehicle at a speed or in a manner that may cause danger and harm to others according to the traffic situation of the road and the structure and performance of the vehicle.

Nevertheless, due to the negligence of neglecting this, the Defendant got the victim D (56) who is a pedestrian crossing crossing from the front of the instant passenger vehicle's driving direction to the sloping distance from the front of the valley to the front of the instant passenger vehicle's driving direction, and had the victim go beyond the road.

Ultimately, even though the Defendant suffered from salt panssa in the part of a neck that requires approximately two weeks of medical treatment due to the above occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to medical certificates and medical records;

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 and Article 268 of the Criminal Act concerning the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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