beta
(영문) 인천지방법원 2013.05.23 2013고정136

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving service of the amount of automobiles with CMFW.

Around 21:40 on October 1, 2012, the Defendant driven the above vehicle and driven at a speed of 60 km per hour at the speed of 60 km in front of the Japanese oil station as the Chapter 378-2, Bupyeong-gu, Incheon, Bupyeong-gu.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes and accurately.

Nevertheless, the Defendant neglected to do so and neglected to stop by means of the Madern signal apparatus, which was driven by the victim D (the age of 63) who was under the influence of the Madern taxi due to the negligence of neglecting this, received the back part of the Madern taxi as the front part.

Ultimately, even though the Defendant suffered injury, such as brain-dead, etc., which requires medical treatment for about two weeks, due to the above occupational negligence, the Defendant escaped without taking necessary measures, such as aiding the victim.

2. The Defendant violated the Road Traffic Act (refluence measures) and escaped without necessary measures even though he added 1,844,276 won to repair costs for the exchange of damaged vehicles due to traffic accidents, such as the statement in paragraph (1) of this Article.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. The police statement concerning F;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after destroying and damaging property);

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;