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(영문) 광주지방법원 2014.04.17 2014고단389

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who is engaged in driving a Bran vehicle.

On January 24, 2014, at around 03:25, the Defendant proceeded from the direction of the “D” section in Gwangju Mine-gu, to the Hamnam apartment zone from the direction of the “D” section, to the Hamnam-si, the speed of 60km.

Since there is an intersection where signal apparatus is installed, the driver has a duty of care to check whether there is a vehicle crossing by reducing speed or temporarily stopping at a speed and to safely proceed in accordance with the signals.

Nevertheless, the Defendant neglected this and went to the right side of the victim E (the 44-year-old driver’s license) drive by the Defendant’s negligence in violation of and proceeding with the signal, followed by the Defendant’s failure to stop driving on the right side of the Defendant’s driving direction, followed by the Defendant’s driver’s car front-down part of the Defendant’s passenger car, and continued to stop along the victim’s G operation “D” heading on the right side of the road along the intersection, and continued to walk into the victim E and the passenger, causing injury to the victim E and the victim H(the 45-year-old driver’s license for treatment for about two weeks, and at the same time, suffered injury, such as “einculation and tension,” and at the same time, 6,172,88 won of the repair cost, and 89,139,620 won of the total repair cost, equipment, etc. installed at the direction owned by the victim’s G, without any necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, H and G;

1. A traffic accident report (1) (2) actual survey report;

1. Photographs related to traffic accidents;

1. Medical certificates (E) and medical certificates (H);

1. Application of the Acts and subordinate statutes on motor vehicle inspection, estimates for maintenance, and estimates for parts, estimates for each item, equipment contract, list of damaged items, and display equipment and facilities;

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