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(영문) 대전지방법원 천안지원 2016.03.10 2015고단1975
특정범죄가중처벌등에관한법률위반(도주차량)
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Crane XG car.

On June 3, 2015, around 16:40 around Asan-si, Asan-si, 47, Asan-si, Asan-si, and the defendant continued to proceed bypassing the road front of the apartment door.

Since the place is where pedestrians frequent at the entrance of apartment houses, and crosswalks are installed, the driver of the motor vehicle has a duty of care to safely drive the steering system and brakes by accurately manipulating the steering system and brakes.

Nevertheless, the Defendant neglected this and went to India by leaving the right side of the victim D (W, 10 years old), which was moving to India by the negligence of bypassing it as it is, the Defendant went to the left side of the said car, and suffered an injury to the left side of the victim, which requires approximately two weeks medical treatment, and escaped without taking necessary measures.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the occurrence status of D traffic accidents;

1. Reports on the occurrence of a traffic accident and descriptions of a traffic accident report;

1. Entry and video of the actual survey report on traffic accidents;

1. Descriptions of a medical certificate;

1. Application of each of the video Acts and subordinate statutes in relation to photographs of the scene of the accident, vehicle photographs, victim D and sports pictures, and CCTV images;

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

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant guilty of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is guilty, and the defendant was unable to recognize the fact of the accident itself at the time and left the scene without knowing the victim's injury caused by a traffic accident. Thus, the defendant's intention is the escape vehicle.

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