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(영문) 대구지방법원 2013.11.20 2013고정2434
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the driver of Brane vehicle.

1. Around 12:30 on July 29, 2013, the Defendant driven the said vehicle in a state of drinking alcohol concentration of about 5 km from the restaurant parking lot for the Daegu-gu Seoul-gu Seoul-ro 23-10 on July 28, 2013 to the front day of the 2.28 Memorial Park.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (U.S.) provided that the Defendant had a vehicle standing in front of the direction at the time while driving at the same location as that set forth in the preceding paragraph, and thus, in such a case, the person engaged in driving service has a duty of care to safely drive such vehicle by accurately manipulating the steering direction and operating the steering gear

Nevertheless, due to negligence of driving the vehicle as it is, the part of the driver's vehicle in front of the above vehicle by negligence, led the victim to the fluor of the DNA driver's vehicle operated by the victim C (the age of 33) to the fluor of the above fluor, thereby causing the victim to undergo approximately two weeks medical treatment, and at the same time, damaged the above fluor's 481,975 won in total, and failed to immediately stop the above fluor and escape without taking measures such as aiding the victim

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. The actual condition survey report;

1. A written report, etc. filed with an employer;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act related to the crime, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the point of failing to take measures after the accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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