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(영문) 춘천지방법원 속초지원 2013.10.11 2013고단278

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for not less than eight 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 B B-S cruise car.

On June 30, 2013, the Defendant driven the said car on June 30, 2013, while driving the said car and driving the two-lanes of the two-lanes in front of the North Korean branch in the Johcho-si, Young-gu, Young-si, Young-si, Young-si, the Defendant continued to drive approximately 40km in speed from the right side of the territorial police station to the right side of the Hawstop

At the time, it was difficult at night, and at all times, the front door was a private-distance intersection where the vehicle signal, etc. is installed. As such, a person engaged in driving a motor vehicle had a duty of care to safely drive the motor vehicle by taking into account the traffic conditions on the front left left and right right, such as reducing speed in advance and stopping the motor vehicle, etc.

Nevertheless, the Defendant neglected this and failed to find in advance the D Dae-ro Cargo Vehicle that was driven by the victim C (year 41) who was standing in the same line of signal from the front line of the same lane due to negligence, without examining the front line, and received the back part of the said cargo vehicle as the front line part of the said vehicle.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim C, such as cerebrovasty in need of medical treatment for about two weeks, and suffered injury to the victim E (the aged 43) who was on board the said cargo for the treatment period. Although the said cargo was damaged by an amount equivalent to KRW 782,716, the Defendant immediately stopped the said cargo and escaped without taking necessary measures, such as providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report (1), (2), and on-site photographs;

1. Application of a medical certificate (C), written confirmation of medical treatment, and statutes on medical records;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Punishment;