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(영문) 청주지방법원 2013.11.08 2013고단1128

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of the C Launa car.

On December 11, 2012, the Defendant driven the above car volume on December 11, 2012, and led to the left-hand turn to the right-hand turn from the boundary of the traffic university. The Defendant was driving the car volume to the front distance of the “Gang-gu” set forth in the Yongsan-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.

Since there is an intersection where traffic control is not performed, a person engaged in driving service has a duty of care to check whether there is a vehicle crossing by reducing speed or temporarily stopping the vehicle.

Nevertheless, due to negligence of failing to make a left-hand turn, the part on the left-hand side of the victim D(28 years of age) driving, which was going straight from the Cheongan Sea at the time of the left-hand turn, was received as the front-hand side of the cruise vehicle.

Ultimately, the Defendant suffered injury to the victim, such as gambling, for about two weeks of medical treatment due to occupational negligence as above, and at the same time, even though the Defendant damaged the vehicle owned by the victim F to cover repair costs of KRW 709,368, the Defendant left the vehicle without immediately stopping and taking necessary measures.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a traffic accident report, photograph, boom screen to report the occurrence of a traffic accident, medical certificate, and written estimate of general repair expenses;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act (the point of not taking any measure after causing damage

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

1. Selection of imprisonment with prison labor chosen;

1. Judgment on the defendant's assertion under Article 62 (1) of the Criminal Act

1. The alleged defendant did not recognize the occurrence of a traffic accident at the time of the instant case, and thus did not intend to flee.

2. Determination.