(영문) 서울중앙지방법원 2019.09.20 2019고단872

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(영문) 서울중앙지방법원 2019.09.20 2019고단872

특정범죄가중처벌등에관한법률위반(도주치상)

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Punishment on the accused shall be determined as a fine of KRW 7,000,000 (live million).

When the defendant does not pay a fine.

Reasons

Punishment of the crime

On September 3, 2018, the Defendant operated B money tank B around 20:25, and proceeded about 16 UPP as the distribution of Seocho-gu Seoul Metropolitan Government, from the front side to the front side of the Defendant, the part of the victim C’s vehicle front left-hander and the front-hander and fenced part of the Defendant’s vehicle, which turned into two lanes by changing the two lanes from the first side to the second side, even though it is a tunnel in which the lane of the color real lines prohibited from changing the course was installed while the 16 UPP was driving from the front side to the front side of the Seocho-gu.

The Defendant, by such negligence, committed an act of driving, committed suicide without stopping the victim and taking measures, such as aiding and abetting the victim, even though he/she suffered from a fluoral dume and tension that require treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant (the fact that the lane has been changed from the white line in a tunnel);

1. The legal statement of the witness C;

1. Certificates of diagnosis and treatment;

1. In light of the fact that no circumstantial data can be found to prove that there was an obstacle or a satch in the direction of the defendant's moving in the tunnel even though each black stuff image (the degree of the trace of the victim's vehicle after shocking that can be confirmed as a result of watching the black satis, and even if the height of the defendant is low, the defendant seems to have been fully aware of the accident. The defendant does not seem to have been aware of the accident just because the victim's vehicle is small and the victim's vehicle is special, and that the defendant's defense counsel is not aware of the accident. The fact of injury also can be recognized as the victim's witness's testimony, diagnosis, and treatment certificate] applies to the law.

1. 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 (to consider the initial crime and to select a fine)

1. Article 70 (1) and Article 69 (2) of the Criminal Act; Article 334 (1) of the Criminal Procedure Act;

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의3 제1항 제2호

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