(영문) 서울서부지방법원 2021.03.25 2020고단3379

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(영문) 서울서부지방법원 2021.03.25 2020고단3379

특정범죄가중처벌등에관한법률위반(도주치상)등

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

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) by the Defendant is engaged in driving B 124cc Oba.

On May 29, 2020, the Defendant driven the above Oralba without a motor engine bicycle license on May 11, 2020, and proceeded along the three-lanes of the road in the direction of new Section 405 in the direction of the direction of new Section 405 (Newsaly East) from the rock bank in the direction of the new Section 405.

At this point, there was a private-distance intersection with signal lights and crosswalks.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating steering devices, brakes, etc. in the vicinity while driving the motor vehicle in line with a new road.

Nevertheless, the defendant neglected this and set the road at the edge of the road near the crosswalk in the intersection, but due to the negligence of crossing the road in the direction of the non-luminous direction for pedestrian protection of the crosswalk, and the victim C (the 21-year old driver), who was bypassing it in the direction of the expansion of mountain, did not find out the d 124cc driver's surface of the victim C (the 21-year driver's age), and did not find out the d 124cc driver's surface of the victim's d 124cc

Ultimately, even though the Defendant was negligent in performing such occupational duties as above, caused injury to the victim, such as the outbreak of trees and the salute, and other injuries to the salute and the salute, the Defendant stopped and escaped without taking necessary measures, such as providing relief to the injured party.

2. Violation of the Road Traffic Act (Unlicensed Driving) was operated by the Defendant on the date and time set forth in paragraph 1, and at the place set forth in paragraph 1, from the apartment parking lot of Eunpyeong-gu Seoul, Seoul to the new 405-ro 405 (New Dong) of the same Gu, without a motor device license, at approximately 2 km section from the 2km road to the new history street.

Summary of Evidence

1. Statement by the defendant in court;

1. C. Each protocol of the police statement with respect to C.

참조조문

-특정범죄 가중처벌 등에 관한 법률

유사 판례

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