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(영문) 의정부지방법원 고양지원 2016.06.10 2016고단773
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 of B Poter cargo vehicles.

On December 12, 2015, the Defendant driven the above car around 04:25, and proceeded with the two-lane road in front of the oil elementary school in Gyeyang-gu, Seoyang-gu, Seoyang-gu, the unification of the 1132-lanes in order to keep about 50km each hour at the speed of 10km from the right side of the wave.

At the time, there is a night and a place where the center line of the yellow-line is installed, so there was a duty of care to reduce the speed to those engaged in driving of the motor vehicle and to safely operate the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to drive a roadside, and neglected to do so on the front side, and neglected to do so at the center line, and was driven by the victim C, which was driven by the victim C, the left side of the DK5 vehicle operated by the victim C, and received the back wheel part of the left side of the cargo vehicle driven by the Defendant.

After all, the suspect suffered injury to the victim E (e.g., 63 years old) who was on the said K5 vehicle due to the above occupational negligence, such as light drums, tensions, etc. in need of approximately 2 weeks medical treatment, and at the same time, the above K5 vehicle owned by the victim C, which was damaged to the extent of KRW 1,357,431, and escaped without taking necessary measures, such as providing relief to the damaged party by immediately stopping the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. The actual investigation report on traffic accidents;

1. Written estimate of damaged vehicles and written diagnosis of victims;

1. Application of Acts and subordinate statutes to photographs of the scene of each accident, photographs of black stuff images, and photographs of vehicles;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after the injury from duty) concerning the crime;

1.Article 40 of the Criminal Code of Trade and Trade.

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