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(영문) 전주지방법원 2014.10.24 2014고단885
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a three-dimensional vehicle.

On March 5, 2014, the Defendant driven the above vehicle on March 23:15, 2014, while driving the said vehicle at a speed of 80 to 85 km in the direction of gold-gu in the direction of gold-gu, Geumgu Industrial Complex, from two lanes, the Defendant considered that the victim D(n, 47 years old) E camping car in the direction of gold-gu is driving both 1 and 2 lanes.

At night, the above road is a relatively narrow road in two-lanes, and as such, the victim driver tried to walk over the vehicle, so the defendant, who is engaged in driving of a motor vehicle, has a duty of care to prevent accidents by safely overtaking the vehicle by taking into account the front and rear left in the case of overtaking.

Nevertheless, the Defendant neglected to do so and instead attached the vehicle to the first line in order to be equal to that of the victim, while driving the vehicle, the Defendant shocked into the left side of the vehicle in front of the vehicle driving by the victim.

Ultimately, the Defendant, due to the above occupational negligence, caused the victim to suffer injury, such as brain-dead sugar, which requires treatment for about two weeks, and at the same time, escaped without any necessary measures such as providing relief to the victim, even though the victim’s driving vehicle was damaged to the extent that the repair cost is 6,573,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. On-site photographs (accidents and damaged vehicles);

1. Investigation report (Submission of written estimate for maintenance of victim vehicles);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime.

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