beta
(영문) 광주지방법원 2013.07.23 2013고단1831

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 a person who is engaged in driving a car in a SP area.

On April 15, 2013, the Defendant driven the said car and led the Defendant to make a round at a speed of 31 to 40 kilometers from the surface of the Bank of Korea to the 31 to 40 kilometers from the surface of the ordinary incineration site, depending on the three-lane roads near Gwangju Metropolitan City, Seo-gu 1200.

At all times, there is an intersection, so there was a duty of care to check the safety of the course by checking well the right of way prior to the right of way, and then to make a right of way.

Nevertheless, the Defendant neglected this and went to the left side of the course due to the negligence of bypassing it, and received the part of the victim’s E (K)-5 car’s upper right fenced in the case (K)-5 car from the victim’s D (20 years old) to the right side.

The Defendant, by these occupational negligence, sustained injury to the victim D, the victim F (18), G (20), H (17), and I (19 years of age) in need of medical treatment for about two weeks, and also escaped without taking measures such as destroying the repair cost of the said case (K)-5 vehicle to the extent that the repair cost of KRW 1,213,410 is equivalent to KRW 1,213,410, while stopping the vehicle immediately.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Statement of the occurrence of each traffic accident by F, G, H, and I;

1. A report on actual situation;

1. Photographs of the details of CCTV records in the Bank of Korea;

1. Each written diagnosis;

1. Application of written estimates for repair (E) Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime by applicable law;

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

1. Selection of an alternative fine for punishment;

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

1. The order of provisional payment;