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(영문) 대전지방법원 2013.05.30 2012고단3806
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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 driver of a third party vehicle in C.S.

On September 17, 2012, the Defendant driven the said car on September 17, 2012, and led to the left-hand turn from the direction of the Ne-distance at the New Village distance.

In such cases, a driver of a motor vehicle has a duty of care to check the safety of the course by properly operating the steering and operating the steering devices before left the left, and to safely turn to the left.

Nevertheless, the Defendant neglected to turn to the left as it was, by negligence, received the left part of the rash car owned by D, which was parked in front of the latter part of the now-round elementary school, from the front part of the right side of the Defendant’s car, and was driven by the victim FF (53 years old) driving from the third direction of the Gama elementary school while immediately going to the next, as the back part of the G taxi’s right side.

Ultimately, the Defendant, by occupational negligence, destroyed the above D’s rash car amounting to approximately KRW 2,348,458 of the repair cost, and escaped without any necessary measures, such as immediately stopping the 1.101,206 won of the 10-day repair cost, and immediately stopping the 1.101,206 won of the F taxi to the victim H (the 41-year old) who was on the 41-day rash, which requires approximately two-day medical treatment, and causing injury to the victim F, which requires approximately two-day medical treatment to the victim F., and at the same time, attempted to escape without any necessary measures, such as aiding the victim.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness F;

1. Each police statement made to D and H;

1. The actual condition survey report and photographs;

1. Application of each written diagnosis and written estimate under the Acts and subordinate statutes;

1. Article 5-3 (1) 2 and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed.

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