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(영문) 전주지방법원 2016.07.12 2016고단418

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for one year.

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 also a person who is engaged in driving a sports cargo vehicle.

On December 1, 2015, the Defendant driven the above cargo vehicle around 17:50 on December 1, 2015, and led to a two-lane road in front of the Jinjin-gu Seoul Metropolitan Government along the two-lanes from the basin of movable property to the 10km parallel of Jeonju.

At the same time, the Defendant had a duty of care to ensure the safety distance in the vehicle driving service and to prevent the accident by driving the vehicle in a way that is well-grounded with the victim E (n.e., 33 years old) who is driving, and thus, the Defendant had a duty of care to ensure the safety distance.

Nevertheless, the Defendant neglected this and did not find out that the automobile of sofur without reducing the speed of the said vehicle, and did not proceed as it is, by negligence, received the above part of the vehicle of sofurt, following the vehicle of sofur as the front part of the said cargo vehicle.

Ultimately, the Defendant, by such occupational negligence, caused the said victim and the said victim G, who took advantage of the said victim’s vehicle at around two weeks to suffer injuries, such as light salt in need of treatment, etc. at the same time, and attempted to stop the said vehicle and escape without taking necessary measures, such as aiding and abetting the victims, even though it damages the repair cost equivalent to KRW 1,116,608, such as the exchange of a crime spread.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E statements;

1. Reports on traffic accidents, on-site photographs, and reports on the occurrence of traffic accidents;

1. Each written diagnosis;

1. Written estimate;

1. Application of accident video and field photo CD-related 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, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the occupation of a person who does not take any measure after a traffic accident) of the relevant Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution;