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(영문) 대구지방법원 안동지원 2017.07.18 2015고단8

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

Reasons

Criminal facts

The defendant is a person who is engaged in driving of a car with a interview loan.

On November 24, 2014, the Defendant driven the above car on the 13:35th day of November 24, 2014, and, at the same time, driven the intersection in front of the E transfer line D at Andong-si, proceeded to the Samsung LPG charging station.

At this point, the driver of a motor vehicle had a duty of care to safely drive the motor vehicle after checking the front side and the left and right of the motor vehicle, and whether there is a motor vehicle that first entered the intersection before entering the intersection, while temporarily stopping and slowly driving the motor vehicle before entering the intersection.

However, the Defendant neglected to do so, first enters the direction of solar distance from the right edge of the road to the left edge, and found late after the G observer car of the victim F(76 years old), which was at the left edge, and received the back part of the left door of the victim’s car as the front side of the Defendant’s car.

Defendant 1, due to the above occupational negligence, sustained injury to the above victim, such as cage cage cages, etc., which requires approximately 4 weeks of medical treatment, injury to the Ha (n, 75 years of age) who is the seater of the damaged vehicle, for approximately 2 weeks of need for medical treatment, and injury to the same I (n, 67 years of age), and multiple cages, etc. in need of medical treatment for about 2 weeks of age. At the same time, Defendant 1 stopped without taking measures such as providing relief to the injured party, such as exchanging back c,560,00 won on the left-hand side of the damaged vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report (here map and actual survey report);

1. Application of Acts and subordinate statutes to each investigation report (attached a written diagnosis and a written estimate for the cost of repairing insurance);

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act (the time after the accident occurred).