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(영문) 춘천지방법원 강릉지원 2015.01.14 2013고단426

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is also a person who is engaged in driving a passenger car.

1. Around 20:50 on June 12, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Do Governor) driven the said vehicle of the Defendant on the side of the “Korea Elementary School” road located in Gangnam-dong, Gangnam-si, Chungcheongnam-si, with the direction of the “Dongin Hospital” located in the offline of the “Dongin Hospital.”

A person engaged in driving of a motor vehicle has a duty of care to closely see the front side and to drive the motor vehicle while securing a safe distance with the front vehicle.

Nevertheless, the Defendant neglected to do so and failed to keep the safety distance with the front vehicle and failed to keep the front vehicle at the front, left the back part of the victim D (Woo, 48 years old)-Atop car driving in front of the Defendant’s vehicle with the front part of the Defendant’s vehicle, without immediately stopping the victim F. (Woo, 48 years old), G (Woo, 46 years old), and G (Woo), without taking measures such as providing relief to the victim.

2. The Defendant did not immediately stop and take necessary measures in spite of the damage to the victim’s vehicle equivalent to KRW 2,673,00 for repair costs by causing the traffic accident at the above time and at the above place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement of F and G;

1. Each written diagnosis (G, F, D);

1. A vehicle repair estimate;

1. On-site photographs;

1. Previouss before ruling: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 268 of the Road Traffic Act concerning the crime.