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(영문) 서울중앙지방법원 2016.11.16 2016고정3085
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-Wol car.

On March 22, 2016, the Defendant driven the above car on March 19:35, 2016, and driven the four-lane road in front of Gangnam-gu Seoul Metropolitan Government D, along the two-lanes from the shooting distance of the Gu-Uirsu, the Gu-Uirsu Port.

Since the Defendant had a vehicle waiting in the same direction three-lanes, the Defendant had a duty of care to safely drive the vehicle as a person engaging in driving a motor vehicle with the duty of care to live well on the front left, the left, and the left.

Nevertheless, the defendant's negligence of driving a stroke, which caused the conflict between the left side of the victim E(36 years old) driving in the same direction and the right side of the vehicle of the defendant.

Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained injury to the said victim and the said victim’s passenger car (or the age of 55), such as the post-light salt, etc. in need of medical treatment for about two weeks, and at the same time, escaped without taking necessary measures, such as rescueing the victim, even if the victim’s car was damaged by the repair cost of KRW 827,242.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. The actual condition survey report;

1. An accident vehicle photograph;

1. A traffic accident occurrence report;

1. Statement on the occurrence of traffic accident;

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 related to the crime, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act (the point of issue after the accident);

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

1. Selection of each alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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