beta
(영문) 서울동부지방법원 2015.04.03 2014고정743

특정범죄가중처벌등에관한법률위반(도주차량)

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle at C in low price.

At around 13:00 on January 23, 2014, the Defendant moved the alleyway from the side of the public parking lot of the Gu to the direction of the Fridong-gu Seoul Special Metropolitan City.

In such cases, a driver of a motor vehicle shall not drive the motor vehicle at a 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 has the duty of care to prevent accidents in advance by safely driving the traffic conditions on the front side and the right side.

Nevertheless, the Defendant neglected this and got the victim E (the age of 59) who walked on the road as it was due to negligence, and went beyond the ground.

Ultimately, even though the Defendant suffered from an injury, such as saved salt saves, etc., for two weeks of medical treatment due to occupational negligence, the Defendant immediately stopped and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Each statement of witness E in the third protocol of trial and of witness F in the seventh protocol of trial;

1. Entry of each part of the police suspect examination protocol against the defendant (20 pages, No. 54 of the investigation record);

1. Statement on the occurrence of traffic accidents (E);

1. Accident moving images;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The main point of the assertion was that the victim did not inflict any injury to the extent that it is necessary to take relief measures due to the instant accident, and the defendant was on the scene with the intention of escape.