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(영문) 대전지방법원 2016.07.20 2016고단1045

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a fixed-wing vehicle C.

On February 5, 2016, the Defendant driven the above vehicle at around 17:50, and driven the two-lanes of the two-lanes in front of the E cafeteria in Daejeon, Daejeon, along one-lane from the flow-distance distance to the cultural development intersection, at a speed of about 20 to 30km.

In such a case, the driver of the vehicle has a duty of care to prevent accidents by safely driving the vehicle in accordance with road conditions and circumstances, such as where the passage of the vehicle is frequent, and where it is difficult to secure the view due to weather conditions at the time. In such a case, the driver of the vehicle has a duty of care to prevent accidents by safely driving the vehicle in accordance with road conditions and circumstances.

Nevertheless, the Defendant neglected this and continued to stop in the front direction of the Defendant’s vehicle, and found late the Gststren vehicle driven by the Victim F (42 S) drive in the signal atmosphere at the front direction of the Defendant’s vehicle, and took urgent action, but did not reach the front part of the Defendant’s vehicle, and shocked the back part of the string vehicle with the front part of the Defendant vehicle.

Defendant 1 suffered injury to the victim, such as salt and tension, which requires approximately two weeks of treatment due to such occupational negligence, and at the same time, Defendant 1 escaped without taking measures, such as providing relief to the victim, even though the repair cost of 2,219,151 won was damaged.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The actual condition survey report of a traffic accident, each photograph;

1. Application of Acts and subordinate statutes to medical certificates, medical records, and estimates for automobile inspection and maintenance;

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, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the act of not taking measures after the destruction of goods)

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