beta
(영문) 의정부지방법원 2013.04.17 2012고정3448

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is engaged in driving of B, spoke-spool spoke-spokes.

On June 19, 2012, around 22:50, the Defendant: (a) driven the said cargo at a four-distance intersection in the front of the said cargo vehicle at the Government-dong 34-14, the Defendant discovered a bicycle driven by the victim C (the age of 61) who driven from the surface of the air-line area in the front of the said intersection to the air-line gate, while driving the said cargo at the surface of the air-line gate in the front of the said intersection, the Defendant was negligent in the part of the front wheel of the said bicycle with the front wheel part of the said cargo vehicle due to occupational negligence, which was negligent in performing the duty of care to prevent accidents by sending the signal with the horn, etc., even though the Defendant had neglected to perform the duty of care to prevent accidents.

The Defendant, by negligence in the course of performing such duties, sustained injury to the scood, scood, salted, etc., which requires treatment for about two weeks, and at the same time, 119,000 won of repair expenses was destroyed to the extent that the said bicycle was damaged, and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, and selection of fines for a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant was not punished against the defendant in agreement with the victim after committing the crime, the victim did not have much damage from the accident, the time of committing the crime, and other means and results of the crime of this case.