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(영문) 인천지방법원 2016.05.26 2016고단1210

특정범죄가중처벌등에관한법률위반(도주차량)

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a C6.5 tons truck.

On January 14, 2016, at around 01:40, the Defendant proceeded with a leaf 105-dong 105, the right side right side of the lower-speed road at the flood of the village at the flood of the instant village at a flood level of about 30km in the speed.

At night, since the snow was milched at the time, there was a duty of care to prevent accidents in advance by safely operating the steering system and the steering system in a safe manner by a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected this and failed to discover the victim D (46 years old) who was lying on the left-hand side by the separation line due to his neglect of care, and caused the above victim to go beyond the floor by taking the part on the left-hand side of the above truck as a front side of the above truck, by failing to accurately operate the steering gear and the brake.

Ultimately, even though the Defendant suffered from an injury, such as a cage cage cage, etc., which requires approximately six weeks of medical treatment due to the above occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. A survey report on actual conditions;

1. Response to a request for appraisal;

1. Investigation report (the victim D's death diagnosis report) and the injury diagnosis report attached thereto;

1. The application of (1) and (2) of Acts and subordinate statutes to a place of accident;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant, as a cargo driver, must observe the traffic-related laws and regulations. However, the Defendant is the left-hand side of the proceeding direction.