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(영문) 대전지방법원 2013.09.26 2013고단2228

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

On May 29, 2013, the Defendant: (a) driven a C Poter vehicle on May 29, 2013, and proceeded along one lane from the entrance of the Southern-gu, Seo-gu, Seo-gu, Seo-gu, the Defendant: (b) notified the direction change, etc. in advance; and (c) neglected the duty of care to change the lane safely by keeping the traffic situation of the front and rear left, while neglecting to notify the direction change in advance; and (d) neglected to keep the direction change in the direction; and (e) received the front portion of the E-learning car driven by the victim D (W, 26 years old); (b) was driven by the victim D (W, 26 years old); (c) was driven by the front part of the right side of the said Poter vehicle.

Ultimately, the Defendant suffered injury to the victim, such as brain, requiring medical treatment for about two weeks due to occupational negligence as above, and at the same time, even though the damaged vehicle was damaged to a considerable amount of KRW 833,708, the Defendant immediately stopped and escaped without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. The Defendant alleged to the effect that there was no fact in the instant accident, even if he did not know about the accident, and that there was no intention to escape. However, in light of the victim’s statement that the Defendant continued to see the Defendant’s vehicle and the victim’s vehicle (the Defendant vehicle) after the accident, etc., it can be recognized that the Defendant had caused the instant accident, and in light of the background and degree of the instant accident recognized by the evidence, degree of shock, and the behavior of the Defendant and the victim after the accident, the Defendant was aware of the accident and escaped.

Application of Statutes

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes