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(영문) 대전지방법원 2015.03.11 2014고단4159
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 the business of driving Cone Star Co., Ltd.

At around 21:50 on August 18, 2014, the Defendant driven the above van, leading the roads in front of the Seodaemun-gu, Seogu, Seo-gu, Daejeon to the nearest four-lanes of the Jindong at a speed of about 60-70km per hour, depending on three-lanes of the city, depending on the nearest four-lanes of the common four-lanes.

Since it was a road near a crosswalk, the defendant engaged in the driving of motor vehicles had a duty of care to prevent accidents, such as safe operation of steering gear and brake system, by living well before and after the passage.

Nevertheless, the Defendant neglected to perform the duty of care at night due to driving stroke, and caused the victim D (the victim 54 years of age, n) (the victim 54 years of age, n) who was thrown away in the vicinity of the mastal road due to the negligence in the course of driving stroke, to use the victim 4-5 meters of 4-5 meters, and subsequently, received the front part of the victim E (the victim E(the 63 years of age) driving.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim D, such as the mouth of the body body in need of approximately seven weeks of therapy, injury to the victim E, such as catum fat, etc. requiring two-day medical treatment, and injury to the victim G victims of the victimized taxi (30 years old) of the bones that requires approximately ten-day medical treatment, and, at the same time, escaped without taking necessary measures, such as destroying the damaged taxi to repair cost of KRW 1,877,428, and providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of police statement related to D, E, and G;

1. The actual condition survey report;

1. An accident vehicle photograph;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant criminal facts.

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