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(영문) 청주지방법원 충주지원 2015.07.10 2015고단94
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 person who is engaged in driving of a C Poter cargo vehicle.

On November 26, 2014, at around 16:20 on November 26, 2014, the Defendant proceeded with a road of about 40 km from the religious three-distance distance towards the direction of the Hocheon Park, the front side of the Sincheon-do, which is the birth of the voice group of Chungcheongbuk-gun.

Since there is a place where the center line of yellow-ray is installed, a person engaged in driving of a motor vehicle should not overtake the motor vehicle. Even if the overtaking is conducted, the person engaged in driving of the motor vehicle has a duty of care to safely drive the motor vehicle so as not to be faced with the other motor vehicle, etc. and prevent the accident in advance.

Nevertheless, the defendant neglected this and returned to the left side of the victim after passing over the center line, and returned to the original lane, and did not properly look at the E- B B, which the victim D drive, and did not proceed as it is, the defendant got back to the left side of the off side of the cargo of the defendant and got the victim to go beyond the road.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as the left-hand gale gale, etc. in need of treatment for about six weeks, and even though the Defendant destroyed the victim’s lebane to be 315,000 won in repair expenses, left away without immediately stopping and taking measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Examination protocol of police suspect regarding D;

1. Escape report, situation report, traffic accident report, actual situation investigation report, photographs, and the making of books of account;

1. Medical certificate, medical expenses receipt, and estimate;

1. Application of CCTV image CD-related Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning criminal facts are injury by occupational negligence.

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