beta
(영문) 창원지방법원 통영지원 2014.07.02 2014고정23

특정범죄가중처벌등에관한법률위반(도주차량)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a “tax-free car” in C.

On October 13, 2013, the Defendant driven the above vehicle at a speed of 20-30 kilometers from 14:20 on October 13, 2013, and the apartment phenomenon in the Rool-dong at the city of Gyeongnam-si at the city of Gyeongnam-do was driving the front road at the speed of 20-30 kilometers from the distance of domestic production to the speed of her speed.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, shall not drive the motor vehicle at such speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and have the duty of care to report the traffic situation on the front side well and prevent accidents in advance by safely driving

Nevertheless, the defendant neglected this and proceeded without properly doing so, and brought the victim D (six years of age, South) who was walking on the right side from the left side of the proceeding direction to the left side of the vehicle.

Ultimately, even though the above occupational negligence caused the victim's injury requiring two-hour medical treatment due to the elbow elbow's elbow, the Defendant escaped without taking measures such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Reports on the occurrence of traffic accidents, actual condition investigation reports, photographs, and medical reports, and the application of 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 Article 268 of the same Act concerning criminal facts and the selection of fines;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) is confessions and reflects by the defendant, the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance, and the defendant.