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(영문) 전주지방법원 2015.08.18 2015고단137

특정범죄가중처벌등에관한법률위반(도주차량)등

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Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[Criminal Power] On October 24, 2014, the Defendant was sentenced to a suspended sentence of two years on October 1, 2014 by the Jeonju District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the judgment became final and conclusive on November 1, 2014.

【Criminal Facts】

The defendant is a person who is engaged in driving of Category C cargo vehicles.

At around 15:05 on December 28, 2014, the Defendant, without a driver’s license for a motor vehicle at the intersection of the Masaea-ro, Young-gu, Jinjin-si, and proceeded to turn to the left at two-lanes from the direction of the former week.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle safely by accurately manipulating the steering direction, brakes, etc. of the motor vehicle.

Nevertheless, the Defendant neglected the above duty of care and went to the left at the same direction as the vehicle driven by the Defendant due to the negligence, and received the victim D (In this case, 50 years old) driving on the right side side side of the cruise car, which was driven by the Defendant, from the left side side of the cargo vehicle driven by the Defendant.

Ultimately, the Defendant, by such occupational negligence as above, sustained injury by the victim D, victim F (V, 55 years old), and the same victim G (n, 68 years old), respectively, in terms of salt, tensions, etc. requiring approximately two-day medical treatment. At the same time, the Defendant destroyed the said cruise car to be damaged by KRW 710,334, and escaped without immediately stopping the said cruise car and taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, photographs, and investigation reports;

1. A medical certificate and an investigation report (Attachment of a medical certificate);

1. A written estimate for an investigation report;

1. Previous records of judgment: A statement of inquiry, such as criminal records, and a copy of the same kind of judgment;