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(영문) 광주지방법원 2015.06.11 2015고단794
특정범죄가중처벌등에관한법률위반(도주차량)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a CF car.

On February 3, 2015, the Defendant driven the said car on February 21, 2015, and moved the front road of the “Eel” located in Gwangju Mine-gu D from the top point of the KB National Bank.

Since a crosswalk is installed in the rear side, there is a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as checking whether a person engaged in driving the motor vehicle is a person who sets the rear side well.

Nevertheless, the Defendant neglected to do so and caused the victim to go beyond the road by taking the left side of the victim F (the age of 47) who crossed the crosswalk due to his negligence.

Ultimately, even though the Defendant got about two weeks of medical treatment due to the above occupational negligence, he immediately stopped and escaped without taking necessary measures, such as providing relief to the victim, even though he/she suffered from a left part of the ship, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The actual condition of traffic accidents;

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 and Article 268 of the Criminal Act concerning the punishment for a crime;

1. Article 53 or 55 (1) 6 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the Defendant had injured the victim at the crosswalk while leaving the crosswalk, is disadvantageous to the Defendant.

However, given that the injury of the victim is relatively minor, the defendant does not want the punishment of the defendant at present by mutual consent with the victim, and there are favorable circumstances such as the defendant's failure to be subject to any criminal punishment prior to this, taking this into account.

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