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(영문) 의정부지방법원 고양지원 2014.07.10 2014고단138
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 three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

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

On December 31, 2013, the Defendant driven the above car on December 21, 2013, and continued to drive the above car along the three-lane road in front of the long-distance of the front-distance of the Yansan-dong, Yongsan-gu, Mannsan-si, Goyang-si.

The defendant was followed by the victim D(ma, 57 years old) driving E in the same direction. In such a case, the defendant had a duty of care to keep a safe distance that can be avoided when the driver stops the front line properly.

Nevertheless, even though the Defendant neglected this and stopped an observer car by changing it to a vehicle stop signal, it did not immediately discover it and did not avoid it later and received the part following the Defendant’s driver car in front of the car.

Ultimately, the Defendant, by such occupational negligence as above, suffered from the victim D the “sprinking sprinks, etc.” requiring approximately two-day medical treatment, and from the victim F (the age 52) who was on board the observer car, the “sprinking splates, etc.” requiring approximately two-day medical treatment, and from the victim G (the age 26) the “sprinking splates, etc.” requiring approximately two-day medical treatment. At the same time, the Defendant failed to take necessary measures such as aiding and abetting sprinks to the degree that the repair cost would exceed KRW 987,069, and attempted to stop and stop to rescue the victims.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police against D;

3. The actual condition of traffic accidents;

4. Application of each written diagnosis and written estimate under Acts 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, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

2. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Mutual Crimes of Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) are each stipulated in Articles 40 and 50 of the Criminal Code.

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