beta
(영문) 인천지방법원 2015.04.16 2015고단438

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving CTrack Motor Vehicles.

The Defendant without a driver’s license stated in the indictment on January 13, 2015 as “ January 23, 2015.” However, it is apparent that it is a clerical error in the indictment as “ January 13, 2015,” and there is no risk of causing substantial disadvantages to the Defendant’s exercise of his/her right to defense, and thus, it shall be corrected ex officio

In 22:45, the operation of the Track Track car and the front road of the Macman Building in the 69 Incheon Yeonsu-gu, Incheon, was driving from the Hackdong-gu, the front road of the Macman Building was driving from the Hac-gu.

At that time, the defendant discovered that the car stops because the victim D (ma, 56 years old) is driving in the front bank. In this case, the driver of the vehicle has a duty of care to safely drive the car by making the victim's movement well while driving the vehicle, and prevent the accident in advance.

Nevertheless, the defendant neglected this and proceeded as it is, and he was translified with the front part of the Track's car and received the rear part of the car.

Ultimately, the Defendant, by negligence in the course of performing the above duties, suffered light fluoral dynasium in need of treatment for about two weeks, and at the same time, 322,309 won in repairing expenses, such as exchange of back fluors, destroyed the victim’s car and escaped without immediately stopping the vehicle and taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes concerning photographs of damaged parts, actual condition survey report, diagnostic certificate, and vehicle estimate;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act, and the Road Traffic Act.