(영문) 의정부지방법원 고양지원 2013.09.27 2013고정760

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(영문) 의정부지방법원 고양지원 2013.09.27 2013고정760

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is also a person who is engaged in the operation of bareboat cargo vehicles.

At around 00:20 on November 1, 2012, the Defendant driven the said vehicle to the stud parking lot in the Geumdong-dong, Geumju-dong, Simju-si and proceeded from the desired Schlage to the parking lot direction.

In such cases, there was a duty of care to check whether there is a parked or parked vehicle in front of the direction of proceeding, and to safely drive and prevent the accident from being delayed.

Nevertheless, by negligence, the defendant neglected this, the victim D (the age of 50) who was stopped at the same place was faced with the front part of the vehicle in front of the defendant's vehicle, and after the accident, the victim under the above victim's clause, "I driver's front part of the passenger vehicle owned by the victim who was parked on the right side of the vehicle in order to escape from the parking lot, is asked whether he was dynasing after the accident." In order to escape from the parking lot, the above victim was faced with the front part of the vehicle in front of the victim's I driver's vehicle owned by the victim who was parked on the right side of the vehicle, and again, the victim's front part of the passenger's vehicle in front of the victim's I driver's vehicle that was parked on the right side of the vehicle.

Ultimately, the Defendant, by such occupational negligence, inflicted an injury on the victim D by brupt 2 in the crupted fluor, etc., and destroyed the vehicle of the victim D driving so that the repair dog amounting to KRW 204,992, and destroyed the vehicle owned by the victim H by the repair dog amounting to KRW 266,515, but escaped without immediately stopping the vehicle and providing relief to the victim.

Summary of Evidence

1. Partial statement of witness D;

1. A statement prepared by H;

1. The actual condition survey report;

1. A medical certificate;

1. Written estimate;

1. Each photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의3 제1항

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