(영문) 청주지방법원 2015.11.30 2015고정853

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(영문) 청주지방법원 2015.11.30 2015고정853

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a B-to-pur vehicle.

On August 23:20 on August 11, 2015, the Defendant driven the said car and proceeded with the road 28-lane in the inland dong-gu, Yeongju-si and the road 20-lane in front of the Cheongju-si Postal Office and the two-lane road in front of the Cheongju-do Postal Office.

At the time, there is a night and a place where the center line of yellow-ray is installed, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving the motor vehicle.

Nevertheless, the Defendant neglected this and caused C (the 22 years of age and South) to have the victim C (the 22 years of age and South) operating a bicycle riding along the opposite lane from the front door of the Chungcheong University to the rear-dong Industrial Complex by neglecting it and driving the central line, and to go beyond the floor of the bicycle.

As a result, the Defendant suffered injury to the victim, such as impairment of a face requiring medical treatment for about three weeks due to occupational negligence as above, and at the same time, the Defendant destroyed the bicycle owned by the victim to the extent that the amount equivalent to KRW 25,00,00, and escaped without immediately stopping the bicycle and providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition of a traffic accident;

1. On-site photographs, etc., diagnosis reports, and written estimates;

1. The Defendant and his defense counsel asserted that the instant accident was caused by the negligence of the victim, not by the Defendant, but by the negligence of the Defendant, and that the victim was off from the scene immediately after the accident, and thus, there was no need for relief, and thus, the intent of escape is not recognized. However, the instant accident, which can be known by the evidence of each time, is an accident of this case.

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