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(영문) 춘천지방법원 원주지원 2015.11.18 2015고단860
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 a person who is engaged in driving service of the franchise XG car volume.

On September 1, 2015, the Defendant driven the above vehicle on September 1, 2015, while driving the vehicle at a speed of about 41 km from the original city, and the front of the legal junopian was driving at a speed of about 40 km from the original city to the original city.

Since the location is a bend road with a small side of the two-lanes where the center line is located, a person engaged in driving service has a duty of care to ensure safe operation of the steering and brakes by accurately manipulating the steering direction and brakes when driving a vehicle.

Nevertheless, the Defendant neglected this and went beyond the median line, and led to the negligence of running beyond the median line, the middle part of the seat of the city bus driver’s seat driven by D New Scki, which is driven by C, to the stage shooting distance, was shocked with the front pent and front gate of the Defendant’s vehicle driver’s seat.

Ultimately, the Defendant, by such occupational negligence, suffered from the victim E (the age of 50) who was on board the bus in need of approximately two weeks of medical treatment, and at the same time, escaped without taking measures for relief and prevention of danger on the road and smooth traffic flow, even though the Defendant destroyed the bus owned by the victim (the age of 50), thereby causing danger on the road by destroying the board, etc. for the repair cost of KRW 1,595,500.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. A report on the occurrence of a traffic accident and a actual survey report;

1. A written diagnosis and written estimate;

1. Application of statutes, such as site photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage and destruction);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 of the Criminal Act:

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