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(영문) 춘천지방법원 원주지원 2015.08.11 2015고단494

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 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 a B-learning car.

On May 22, 2015, the Defendant continued two-lanes from the distance of legal survey to the distance of free death, along the three-lanes in front of the “D”, located in Won-si, Seoul.

At the time, it is night and its location is straight line, so in such cases, there was a duty of care to prevent accidents by reducing the speed so that a person engaged in driving service can avoid it if there is an obstacle, and driving safely.

그럼에도 불구하고 피고인은 이를 게을리 한 채 만연히 운전한 과실로, 위 2차로 전방에 비상등을 켠 채 정차해 있는 피해자 E(24세) 운전의 F 레토나 화물차를 뒤늦게 발견하고 미처 이를 피하지 못한 채 위 모닝 승용차의 앞 범퍼 부분으로 위 화물차의 뒤 범퍼 부분을 들이받아, 그 충격으로 위 레토나 화물차의 앞 범퍼 부근에 서 있던 피해자를 바닥에 넘어지게 하였다.

Ultimately, the Defendant, by negligence in the above occupational negligence, injured the victim about two weeks of light signboards, which require treatment, and escaped without immediately stopping and taking necessary measures, such as aiding the victim, even though the repair cost, such as exchange of the above cargo vehicle, was damaged to bring about 2,103,671 won.

Summary of Evidence

1. Defendant's legal statement;

1. The E traffic accident statement;

1. A report on the occurrence of a traffic accident, a report on the actual condition, and on-site photographs;

1. A medical certificate;

1. Application of the written estimate statutes;

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, and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident);

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes with heavier punishment).