beta
(영문) 인천지방법원 2013.05.31 2013노98

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The judgment of the court below which acquitted the victims of the traffic accident of this case on the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on the ground that the victims' health was not infringed although the victims cannot be deemed to have suffered from the traffic accident of this case only to the extent that the injury caused by the traffic accident of this case does not require treatment.

2. The Defendant in the instant charges is a person engaging in driving a car CK5 vehicle.

On May 17, 2012, the Defendant driven the above car at around 22:40, and proceeded ahead of Tae Young-gu, Incheon Seo-dong, Seo-gu, Seo-gu, Seo-gu, Seo-gu, with about 10km in Si-speed from Seo-gu, Seo-gu to Seo-gu Public Health Center.

At the same time, since the E T-Ra system operated by the victim D was stopped on the right side of the direction of the defendant's proceeding, there was a duty of care to safely drive the driver by accurately operating the steering system and the steering system.

Nevertheless, the Defendant neglected to do so and went ahead as it was due to negligence, and received the part before the victim's seat in front of the driver's seat in the passenger car.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim D (29 years old), victim F (27 years old), and G (34 years old), each of whom requires approximately two-day medical treatment, and escaped without taking necessary measures, such as immediately stopping, even if the Defendant destroyed or damaged the victim’s bus so that approximately KRW 100,000 won of repair costs, such as typating, exchange, etc.

3. The judgment of the court below

A. As a result, the victims of the determination on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Aggravated Punishment, etc. of Specific Crimes) suffered injury due to a traffic accident such as a crime, the health room and the vehicle involved in this case verified the shock condition of the vehicle.