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(영문) 전주지방법원 군산지원 2018.04.20 2018고정19
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives a CMW car on duty.

On August 25, 2017, the Defendant driven the above vehicle at around 11:23 on August 25, 2017, and moved the road in front of the E store in military mountain into the two-lane distance from the lot side to the transport modern distance, and started from the stop.

A driver has a duty of care to check and drive the course safety by properly examining the left and right of the front side.

Nevertheless, the Defendant neglected to do so and caused the injury of NOS in the same direction to the victim F (66 years, south) who is driving from three lanes in the same direction to two lanes. The Defendant left the left-hand side of G 110cc motor bicycle driving on the right side of the above vehicle and got the victim F to go beyond the road. Accordingly, the victim F, without taking measures such as aiding the damaged passenger H (69 years, nOS) for about two weeks of treatment, such as cryp salt and tension, etc. in which the damaged passenger H (69 years, nOS) need to be treated for about two weeks, and even if the damage was inflicted on the bicycle of the above motor vehicle, the Defendant stopped immediately so that the repair cost of KRW 750,000,000 for the bicycle, and escaped without taking measures such as aiding the damaged person.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the protocol concerning the examination of the suspect prepared by the prosecution against the accused;

1. Statement made to F or I by the police officer;

1. An investigation report on the actual traffic accident, and on-site photographs of the traffic accident;

1. A criminal investigation report (related to the black stuffs of vehicles), a criminal investigation report (the confirmation of black stuffs installed inside the suspect vehicle and the confirmation of the suspect's intention to flee);

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

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 (the point of absence of measures after destruction)

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (as to the aggravated punishment, etc. of specific crimes of which punishment is more severe).

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