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(영문) 대구지방법원 2014.11.20 2014고정972
특정범죄가중처벌등에관한법률위반(도주차량)등
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 shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Crenice 2 car.

On June 21, 2013, the Defendant driven the above vehicle at around 18:05, and continued to run approximately 20 km from the Cheongcheon-si, Cheongcheon-si to the Cheongcheon-si, Cheongcheon-si at the direction of the road.

On the other hand, the road has the duty of care to safely operate the steering system and steering gear by accurately manipulating the steering system and steering gear for the person engaged in the driving of the vehicle, because there is a prior vehicle in the narrow and narrow width.

Nevertheless, due to the negligence of neglecting this, the Defendant was driven by the victim D (the age of 56) who enters the road to the right side from the left side of the vehicle driven by the Defendant, and was driven by the victim D (the age of 56).

As a result, the Defendant suffered injury to the victim, such as light spawn, which requires three weeks of medical treatment due to occupational negligence as above, and at the same time, the Defendant did not immediately stop the above spawn so that the repair cost of KRW 500,000, and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Partial statement of witness G;

1. Protocol of the police statement concerning G;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. CCTV;

1. A medical certificate;

1. Written estimate;

1. Application of each statute on photographs;

1. 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;

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

1. Selection of an alternative fine for punishment;

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

1. The defendant and defense counsel regarding the assertion of the defendant and defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order.

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