beta
(영문) 수원지방법원 안양지원 2016.04.14 2016고정82

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

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 C observer car.

On July 15, 2015, the Defendant had a private teaching institute drive the said car toward the private distance and turn to the left from the direction of the shooting distance between the 16:20 at the Ansan-si-dong-dong-dong-dong-gu.

In such a case, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the operation and steering gear of the former.

Nevertheless, the Defendant neglected this, and instead failed to drive the victim D(W, 53 years old) who was stopped for the signal waiting in front of the vehicle, and led the vehicle to pass ahead of the vehicle, and received the parts of the back fences on the left side of the vehicle and received the said observer's back door to the right side.

Ultimately, even though the Defendant suffered from the injury of light salt, etc., which requires medical treatment for about two weeks by occupational negligence, and at the same time destroyed the car owned by the victim and damaged the car, it did not immediately stop the car to rescue the injured party, but did not take measures, such as aiding and abetting the injured party.

Summary of Evidence

1. A protocol concerning suspect interrogation of the accused in the police (including parts contained in D in the protocol concerning suspect interrogation of the second time);

1. Statement made by the police against D;

1. A report on investigation (the receipt of a report and the details of arrest);

1. Reporting of a traffic accident (1);

1. A medical certificate;

1. Written estimate;

1. Application of the Acts and subordinate statutes concerning vehicle photographs and black stuffs image outputs;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury) and Articles 148 and 54(1) of the Road Traffic Act (the defendant and his defense counsel did not need relief measures, etc. at the time of the accident, and the defendant had no intention to flee.

However, the circumstances and contents of the instant accident acknowledged by the aforementioned evidence are as follows.