logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.12.21 2018고단2475
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a dump truck truck truck driver.

On May 3, 2018, the Defendant driven the above cargo vehicle around 04:50, and proceeded at a speed of about 70 km from the west-si to the west-si of the central expressway 7.5 km away from the west-si of the Kimhae-si.

Since this is within a tunnel where a white real line is installed, there was a duty of care to safely operate the vehicle by safely keeping the lane by looking well at the movement of the surrounding vehicle without passing another vehicle on the driver.

Nevertheless, the Defendant neglected to do so, and instead, did not pay attention to the passenger vehicle in transit from the front side of the Defendant to overtake the cargo vehicle in transit at the front side of the Defendant, and by the negligence of changing the lane to the left side as it is, the victim D (27 ) which was proceeding on the left side, and received the part before the front line of the EK5 vehicle driving, which was driven by the Defendant, as the part after the Defendant’s truck driver’s seat.

As a result, the Defendant suffered salt and tensions from the victim for about two weeks of medical treatment due to the above occupational negligence. After the victim’s car, the Defendant destroyed approximately KRW 5,119,497 at repair cost, such as Lart pan-cirter exchange, and escaped without taking measures, such as aiding and abetting the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation, and a drilling (a suspect's identity) (booms and videos of damaged vehicles);

1. A survey report on actual conditions;

1. A written diagnosis and written estimate;

1. Application of the photographic Acts and subordinate statutes;

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

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

arrow