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(영문) 창원지방법원 진주지원 2015.05.19 2014고단1153

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (Aggravated Punishment, etc.) are the defendants engaged in driving of Cone Star Cargo Vehicles

On August 21, 2014, at around 22:05, the Defendant driven the above cargo vehicle and proceeded at an aesthetic speed towards the road in front of the “E” restaurant in Sacheon City D, by driving at the speed of the public playground on the side of Sacheon Party.

At the time, it was at night and at the same time an intersection where traffic is not controlled by signal apparatus, so there was a duty of care to safely pass through the intersection by viewing the front side and paying attention to the passage of another vehicle.

Nevertheless, the Defendant neglected to do so by negligence in the course of duties entering the intersection, which led the victim F (the aged 41) who entered the intersection to make a right-hand side of the public playground in the direction of the Defendant’s progress from the YP car toward the right-hand side of the cargo of the Defendant, was shocked by the left-hand side part of the GSP car driven by the Defendant.

Ultimately, the Defendant, due to the above occupational negligence, committed an injury to the victim H(50 years of age) who was on board the damaged vehicle, resulting in an injury to the infected H (50 years of age) in need of medical treatment for about two weeks, and at the same time, did not immediately stop the damaged vehicle and run away without taking necessary measures for the prevention of traffic danger, such as providing relief to the victim, even though it damages approximately KRW 550,669 for the damaged vehicle.

2. Violation of the Road Traffic Act (Refusal of measurement) by the Defendant did not take necessary measures to cause a traffic accident as above, but was arrested as a flagrant offender, and the Defendant was arrested as a flagrant offender. In addition, the Defendant did not walk normally with a strong smelling and smelling on his face while walking off.