logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2013.08.14 2013고단1113
특정범죄가중처벌등에관한법률위반(도주차량)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of C urban buses.

On November 13, 2012, the Defendant: (a) stopped on the E bus platform located in Gwangju Northern-gu, Gwangju; (b) left the victim F (n, 22 years of age) who is a passenger of the city bus; and (c) in such a case, the Defendant, who was driving the city bus, had a duty of care to prevent the occurrence of the accident in advance by preventing the passenger from falling down on the city bus by opening back the rear door and proceeding safely after the victim, who was a passenger, was completely unloaded from the city bus.

그럼에도 불구하고 피고인은 피해자가 미처 도로에 내려서기 전에 뒷문을 닫아 피해자가 문에 발이 걸려 피해자의 몸이 밖으로 튕겨져나가 엉덩방아를 찧게 하여 피해자에게 약 4주간의 치료를 요하는 제5천추선상 골절상 등의 상해를 입게 하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Comprehensively taking account of the entirety of the statements made by the victim F in F’s legal statement, it seems clearly recognized that the fact that the Defendant shuts down the rear door of the bus of this case and the fact that the victim was out of the bus of this case, which the victim was suffering from the outbreak of the victim, is clearly recognized.

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Facts constituting an offense, and Article 268 of the Criminal Act;

1. The portion not guilty of Articles 70 and 69(2) of the Criminal Act for the detention in a workhouse;

1. The summary of the facts charged is as follows: “The defendant, even though he suffered injury to the victim as stated in the facts charged, immediately stops and does not take necessary measures such as aiding the victim, and escaped.”

2. The Defendant’s assertion of defense counsel did not recognize the fact that the victim sustained an injury (hereinafter “the instant accident”), and thus, had the intention of escape.

arrow