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(영문) 대전지방법원 2013.10.22 2013고단2755
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of CPoter II cargo vehicles.

On June 15, 2013, at around 13:15, the Defendant made a turn to the left at an unsured speed at a two-lane distance from the south Nele Park, along the flood slope, from the south Nele Park.

At the time, the left turn was made according to the straight line and the left turn at the intersection, and in such cases, only one motor vehicle driver has the duty of care to make a left turn at the same time, while driving the motor vehicle at the one-lane where the left turn can be left in advance and driving the motor vehicle according to the new subparagraph and driving the left turn at the center of the road, using the right inside the intersection and to prevent the accident in advance.

Nevertheless, the Defendant neglected to turn to the left at the right edge of the two-lane, and went to the left turn to the left at the same direction on the one-lane of the two-lane, and received the part of the victim D(A, 39 years old), which was going to turn to the left, in front of the right edge of the E-learning car of the said cargo, from the left edge of the said cargo.

Ultimately, the Defendant, by occupational negligence, caused the victim to suffer bodily injury, such as light fluorum, which requires treatment for about two weeks, and at the same time, escaped without immediately stopping the vehicle and taking necessary measures, such as providing relief to the victim, even though it damages the amount equivalent to KRW 1,095,116, such as the exchange of the front fluoral vehicle, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to a report on investigation (report on the confirmation of black boxes and video images);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage to property by negligence);

1.Article 40 of the Criminal Code of Trade and Trade.

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