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(영문) 전주지방법원 정읍지원 2012.12.27 2012고단494

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a vehicle QM5 vehicle.

On July 7, 2012, the defendant driving the above vehicle at around 00:50, and turn to the left at the intersection where the left turn is installed in the direction of the lender apartment at the seat of the Love Hospital.

In this case, a driver of a motor vehicle has a duty of care to prevent accidents in advance by making it possible for the driver of a motor vehicle to take the front left well and by preventing the accident from impeding the normal traffic of other motor vehicles in the opposite direction.

Nevertheless, the defendant is driving by the victim D (the age of 16) who has been holding an intersection in accordance with the new subparagraph from the negligence that the defendant neglected it and left the left, and is now working to avoid the collision with the above car.

The road was exceeded on the road.

As a result, the Defendant suffered from the victim D’s occupational negligence for about five (5) weeks of medical treatment, and went away without taking necessary measures, such as destroying and damaging the victim’s repair expenses to the victim D, even though he did not take any necessary measures, such as aiding and abetting the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. The actual condition survey report;

1. On-site reports (related to the attachment ofCCTV image data);

1. On-site photographs;

1. Determination on the assertion of the defendant and his/her defense counsel

1. The main point of the argument is the traffic accident in this case, which occurred without contact between the defendant's vehicle and the victim's ozone, and the defendant does not have the intention of escape because he left the scene of the accident without recognizing that the traffic accident in this case occurred due to his own negligence at the time of the accident.

2. The phrase "the relief of the victim" provided for in Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes is provided for in Article 50 (1) of the Road Traffic Act.