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(영문) 대전지방법원 2012.11.08 2012고단3019
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 of a cushion car in B-test color.

On August 4, 2012, the Defendant operated the above Eccuba car on August 22, 2012, and turned to the left at the speed of approximately 30 KKm/h, driving the road of the Sobrost apartment in the Dong-gu Daejeon Samsung-dong, Daejeon, toward the direction of the Sungnam-do distance from the front side of Samsung T&T apartment.

At the same time, since it is a three-distance intersection in which signal lights are installed, a person engaged in driving service has a duty of care to safely proceed in accordance with the signals and prevent accidents.

Nevertheless, the Defendant neglected this and neglected to turn to the left in violation of the signal, and received the part of the victim C(70 years old) driving in accordance with the two-lane straight line between Samsung NNN and the two-lane straight line from the side of Samsung NNNN, which was driven by the Defendant, on the right side of the vehicle’s test color.

Ultimately, the Defendant, by occupational negligence as above, sustained injury to the above victim C, such as light oil, saved salt, etc. requiring a two-day medical treatment, and injury to the victim E (the age of 51) on board the above victim vehicle, such as salt, tension, etc. of the bones of wood that requires a three-day medical treatment. At the same time, even though the damaged vehicle damaged its repair cost amounting to KRW 2,760,000 at the market price, the Defendant stopped immediately and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of C and E;

1. The actual survey report on traffic accidents;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. After accidents under 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 regarding criminal facts.

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