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(영문) 대전지방법원 2016.03.30 2015고단4411
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM5 car.

On November 6, 2015, the Defendant driven the above car at around 23:52, and proceeded along three-lanes from the direction of the parallel of the Taepyeong-dong, Daejeon to the parallel of the Taepyeong-dong, Taepyeong-gu, Taepyeong-gu, Taepyeong-gu, Taepyeong-gu.

At the time, the intersection is an intersection where signal lights are installed, and at the same time, the E E E business car driven by the victim D (n, 42 years old) was in line to the right-hand side of the defendant's moving direction, and the defendant's moving direction signal, etc. was red, so in such a case, the driver of the motor vehicle has a duty of care to stop in the front line of the intersection in accordance with the new code.

Nevertheless, the defendant neglected this and received a right door of the MM5 vehicle operated by the victim by the front driver of the SM5 vehicle operated by the defendant due to negligence in violation of the new code.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim D, such as pressings of the bones 11 on the right side, which requires approximately 8 weeks of treatment to the victim F (49) who is the passenger of the damaged vehicle, and suffered injury such as flacing the 6th chill, etc. in need of approximately 8 weeks of treatment to the victim G (43 years of age) who is the passenger of the vehicle of the Defendant, and sustained approximately 9,53,250 won of repair expenses, and escaped without taking necessary measures, such as destroying the said marina car and aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement of D and F;

1. A survey report on the actual condition of a traffic accident, a vehicle photograph of an accident, a first-class measure report, etc.;

1. Each written diagnosis, etc. and written estimate;

1. Application of Acts and subordinate statutes on the report of investigation;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provisions of the Act.

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