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(영문) 수원지방법원 성남지원 2014.10.23 2014고단1796

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.However, the execution of the above imprisonment for a period of 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 of C Vehicle.

On April 8, 2014, the Defendant driven the above vehicle at around 22:20 on April 22, 2014, and proceeded along with the direction of 126 km points from the direction of side to the direction of side, at a point of 126 km points in the metropolitan cycle road located in the Dong-dong of Seongbuk-gu Seoul Metropolitan City.

At the time of night, a person engaged in driving of a motor vehicle had a duty of care to safely operate the steering right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of operation.

Nevertheless, the Defendant neglected this and changed the two lanes from the first lane to the third lane, and was unable to avoid the E vehicle driven by the victim D while driving the second lane of the said road, and received the difference between the right side of the victim's vehicle and the left side of the victim.

The Defendant continued to run along the three-lane in the above Seoul metropolitan cycle, at a point of 500 meters from the starting point of the board intersection, and received the front part of the G vehicle driven by the victim F, who is driving ahead of the same lane, in front of the Defendant’s vehicle.

The Defendant, by occupational negligence, did not take necessary measures to damage the above D’s vehicle to cover repair costs equivalent to approximately KRW 126,270, but did not take necessary measures. At the same time, the Defendant sustained injury to the said F’s inverterate salt unit in the treatment days, and at the same time, destroyed the said F’s vehicle to cover repair costs equivalent to approximately KRW 1,430,758, and escaped without taking necessary measures, such as immediately stopping the said vehicle and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement concerning F;

3. Written statements of D;

4. A survey report on actual condition;

5. Written estimate and a detailed statement of automobile inspection and maintenance.

6. Application of Acts and subordinate statutes to the general table of examination of medical expenses, resolution on payment by the representative, and summary of treatment by the representative;

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