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(영문) 수원지방법원 안양지원 2015.08.27 2015고단919
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

Part of the facts charged shall be revised and supplemented without following changes in indictment to the extent that it is deemed that the identity of the facts charged is recognized and that there is no concern about the substantial disadvantage of the defendant to exercise

Around 00:45 on October 1, 2014, the Defendant driven a B rocketing car and got to turn to the left in the direction of the morality distance in the ornamental Donyang-dong Undong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, and became a signal to turn to the left, but it could not go to the intersection.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately and safely manipulating the operation and steering gear of the motor vehicle.

Nevertheless, the Defendant was negligent in driving a car by neglecting it and driving it in the direction of a man-won distance from the sports field shooting distance, and not finding the victim C(31 years old) driving that was directly driven pursuant to the above intersection by the above intersection, but received the backer on the left side of the above X-ray car by the Defendant’s driving vehicle to the upper right part of the driver’s car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of treatment due to such occupational negligence, and, at the same time, escaped without causing damage to the above EXE car in terms of repair cost of KRW 523,466.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. A written diagnosis and written estimate;

1. Application of the Acts and subordinate statutes of photograph (No. 7) such as black stuffs and videos;

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

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