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(영문) 수원지방법원 2015.04.23 2015고단474
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 also a person who is engaged in driving a car.

At around 22:50 on January 16, 2015, the Defendant, at the time of Suwon-si, proceeded in the direction of the last intersection along the three-lane of the color police box in front of the color police box in the front of the area of the Suwon-si.

In such cases, there was a duty of care to prevent accidents by safely driving the car line with the driver who is engaged in driving service.

Nevertheless, the Defendant neglected to do so and shocked the central separation zone installed on the center line of the road as the front part of the car left side of the vehicle. While the Defendant continued to run along the center line, the front part of the vehicle in the signal C, which is facing the traffic signal, was shocked into the front part of the vehicle’s right side, and then the central separation zone, which was at the right side of the traffic direction, was shocked into the front part of the vehicle’s right side.

At the same time, the Defendant: (a) caused the injury to the victim D (the 53 years of age, women) who was on board a car in the test column due to such occupational negligence; (b) caused the damage to the victim E by the repair cost of KRW 2,090,042; and (c) destroyed the central separation zone to the repair cost of KRW 16,212,00,000; and (d) escaped without immediately stopping the vehicle to take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of persons related to E traffic accidents;

1. The actual condition survey report;

1. Photographs related to accidents;

1. Application of each quotation and written diagnosis to Acts and subordinate statutes;

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 not taking any measure after an accident);

1. Articles 40 and 50 of the Criminal Code of Trade Competition.

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