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의정부지방법원 2013.08.07 2013고정338

특정범죄가중처벌등에관한법률위반(도주차량)

Text

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

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

Reasons

Punishment of the crime

On June 20, 2012, around 23:05, the Defendant was negligent in performing the duty of follow-up watch while moving back on the street near the green street located in the Gu-dong of the Government-dong, and caused the victim D (the age of 39) who was walking around the back of the Defendant’s vehicle due to the negligence of neglecting the duty of follow-up watch.

The Defendant, by negligence in the course of performing the above duties, caused the victim to suffer from a confectional satisfy requiring treatment for about two weeks, but did not immediately stop and take measures such as providing relief to the victim, and escaped as it is.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. The actual survey report and the occurrence of traffic accidents;

1. A medical certificate and a detailed statement of treatment;

1. Application ofCC-TV photographs,CC-TV Acts and subordinate statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and selection of fines concerning the crime

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order are believed to have been flicked by the victim, and the three persons seem to have flickly flickly flickly flickly flickly, and the defendant and his defense counsel argued that they had no intention of escape by driving the vehicle

Even if the Defendant saw a threat against the victim’s daily activity, the Defendant was able to take minimum relief measures, such as making the victim’s name and contact contact with the police officer, and without leaving the scene of the crime, and could be located on the vehicle without leaving the scene of the crime, and on such circumstance, the Defendant did not call the victim’s name and contact with the police officer, and did not take any relief measures against the victim, and left the scene of the crime without leaving the scene of the crime.