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(영문) 수원지방법원 여주지원 2014.10.17 2014고단512
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 new franchise-XG car.

Around 22:00 on February 20, 2014, the Defendant driven the above vehicle and got to turn to the left at about 10-20 km from the side of the community credit cooperatives the two-lane road in front of the new post distance, which is set by the Gyeongcheon-si, Hacheon-si.

At that time, the vehicle signal, etc. was installed, so in such a case, a person engaged in the driving of a motor vehicle had a duty of care to live well on the front side and the right and the right of the motor vehicle and to prevent the accident in advance by safely driving the motor vehicle in accordance with the signals.

Nevertheless, the Defendant neglected this and neglected to turn to the left by failing to turn to the left, in violation of the signal that was sent by the front line to the intersection, and by failing to turn to the left, the Defendant left the retaining wall in front of the NA5 car of the victim C(36 years old) driving at the top of the above road in accordance with the new line from the Madcheon-cheon side, which was driven by Gwangju to the left side, in order to avoid the collision with the Defendant.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim, such as an escape certificate (Article 5-6, 6-7) for about four weeks of medical treatment, and at the same time escaped without immediately stopping the damaged vehicle and taking necessary measures, such as providing relief to the victim, even though the damaged vehicle was damaged to a level equivalent to KRW 2,615,193.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A written diagnosis for C;

1. A motor vehicle inspection and estimate for maintenance;

1. Application of Acts and subordinate statutes to accident sites and photographs of damaged vehicles;

1. After accidents under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act regarding criminal facts.

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