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(영문) 인천지방법원 2016.04.21 2015고단8157
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 driving CK5 cars.

On November 26, 2015, around 23:00, the Defendant was going to go back to the front of the “E” convenience store located in the Nam-gu Incheon Metropolitan City, Nam-gu.

In such cases, the defendant engaged in driving service has a duty of care to safely drive by checking whether there is any other person, vehicle, etc. in the rear side of the vehicle.

Nevertheless, the Defendant neglected to do so and did not discover the Victim F (22) who was located at the rear side of the Defendant’s car and did not find out the victim F (22). The part of the Defendant’s passenger car was found to be the back part of the Defendant’s passenger car.

The Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks, but immediately stopped and escaped without taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. The defendant's legal statement (the third public trial date);

1. Witness F;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of statutes on field 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 and Article 268 of the Criminal Act concerning the crime;

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 does not take necessary measures, such as neglecting the duty of care for the reasons for sentencing of the order of provisional payment, and aiding and abetting pedestrians on the road without taking any necessary measures, such as aiding and abetting the damaged persons, and thus, the nature of the crime is somewhat weak. However, the Defendant does not have the same criminal history, the victim’s damage level is relatively minor, the accident vehicle is covered by a comprehensive insurance, and the victim does not want the punishment of the Defendant.

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