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(영문) 광주지방법원 2014.02.14 2013고단5826
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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 restaurant delivery service provider who is engaged in driving a DKaren car.

On October 22, 2013, the Defendant was making a left turn to the right turn to the second line in order to make a U-turn while stopping on the third line side of the F in Gwangju Mine-gu E while driving the above vehicle at around 00:45.

At the time, it is night and a third-lane road. In such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle without impeding the traffic of the motor vehicle already in progress at the vehicle line that is to set the direction, etc. at the time of the change of the vehicle, and to give an advance notice of change of course by operating the direction, etc. in the case of the change of the vehicle.

Nevertheless, the Defendant neglected this and stopped beyond the central line by making the victim G (29 years old) who was driving at the two-lanes due to the negligence of the Defendant’s failure to operate a direction-setting direction, etc., driveed by the victim G (29 years old) with a sudden direction in order to avoid the Defendant’s vehicle and conjection. In order to avoid the Defendant’s vehicle and drilling, the Defendant received a central separation salary installed in the central separation zone and stopped beyond the central line.

As a result, the Defendant committed an injury to the victim for approximately two weeks of tensions and tensions due to such occupational negligence, while at the same time, the Defendant destroyed the damaged vehicle to use KRW 872,542 for repairing expenses, such as the exchange of post-art pans, and escaped without immediately stopping it, and without taking measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning G;

1. A survey report on the actual condition of the traffic accident site (1), and (2);

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 148 of the Road Traffic Act concerning criminal facts.

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