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(영문) 수원지방법원 성남지원 2014.11.20 2014고단1220
특정범죄가중처벌등에관한법률위반(도주차량)등
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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

Criminal facts

Around 05:30 on April 9, 2014, the Defendant was driving a gallon driver car in the Cgallon road in Gwangju City, and was driving a gallon car in the direction of the gallon road in front of the calendar distance in Gwangju City, along the four-lanes, into the gallon bank. The Defendant was driving a gallon car in the direction of the gallon bank.

At the time, since it is night and a long distance intersection, in such a case, the defendant, who is engaged in driving of the motor vehicle, has a duty of care to wait at the front line, accurately operate the operation and steering gear of the motor vehicle, and make a right-hand at the right-hand lane.

Nevertheless, the Defendant neglected this and left the right side of the vehicle of the Defendant in direct direction and left the vehicle of the Defendant in direct direction (two-lanes) to the right side of the vehicle of the Defendant in Mamast-In, and stopped into the right side of the vehicle of the Defendant in direct direction, and continued to cross, along with the straight line, by the victim D(W, 49 years old) driving E in direct direction and going to cross.

Ultimately, the Defendant, by occupational negligence, caused the victim to suffer injury, such as light salt, etc. requiring treatment for about two weeks, and at the same time, destroyed the victim’s car to be in excess of KRW 589,092, and escaped without immediately stopping and taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A traffic accident report;

1. Each written diagnosis;

1. Written estimate;

1. Application of vehicle photographs, CD images, accident site photographs, and drawings and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

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