특정범죄가중처벌등에관한법률위반(도주차량)등
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Criminal facts
The defendant is a dump truck driver.
On March 5, 2017, the Defendant changed the course to a two-lane, while proceeding about 60km from the direction of the new road to the direction of the driver's length of trees at about 50km in the south-gu, Ulsan-gu, Ulsan-do. The Defendant changed the course from a two-lane to a two-lane, along one lane towards the other.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by operating a direction, etc. in advance, giving prior notice of change of course, and changing a lane safely by keeping the front left and right well.
Nevertheless, the defendant neglected the above duty of care and entered a two-lane as it is, due to the negligence of entering the two-lanes, the victim F (33 Does) who is proceeding along the two-lanes, received the part of the G Switzerland car back to the left side of the said dump truck, and then received the part of the fump truck in front of the right side of the said dump truck.
Ultimately, the Defendant, due to the above occupational negligence, sustained a shoulder and string of the arms in need of approximately three weeks medical treatment, and, at the same time, escaped without immediately stopping a vehicle even though approximately KRW 5,170,548 of the repair cost, such as the exchange of sprinkers, was damaged to the extent that it did not take necessary measures.
Summary of Evidence
1. The defendant's partial statement (the denial of the principal offender even);
1. Legal statement of witness F;
1. On-site inspections by this Court and CD-verification results;
1. A report on the occurrence of a traffic accident, an early moving photograph on the scene of the accident, a survey report on actual condition, an accident vehicle and on-site photograph, a copy of a construction machinery registration certificate, and a detailed statement of report processing;
1. Application of Acts and subordinate statutes to a written diagnosis and estimate;
1. The point of view that the crime is committed under the relevant provision 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 and Article 268 of the Criminal Act: Article 148 and Article 54 (1) of the Road Traffic Act;
1.Articles 40 and 50 of the Criminal Code of Trade and Trade (the punishment shall be heavier).