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(영문) 수원지방법원 2016.03.11 2015고단5839
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a CF car.

On November 19, 2015, the defendant driving the above vehicle on the condition of 15:45 on November 19, 2015, and driving the above vehicle on the 45-lane 1-lane 1-lane 2 of the national road virtue-type 45 on the surface of the wife population moving, the defendant proceeded with the two-lane 2-lane 3-lane 45 on the surface of the flat bank.

In such a case, the driver of a motor vehicle has a duty of care to ensure that the driver of a motor vehicle takes into account the traffic situation on the right side and the right side, to accurately operate the steering system, brakes, and other devices, and not to drive the motor vehicle at such a speed or in such a manner as to inflict any danger and obstacle on others according to the traffic situation of the road and the structure and performance

Nevertheless, the defendant neglected his duty of dump truck in front of the right side of the defendant's vehicle, which is owned by the management office of the State Land Management Office of the State Land under the jurisdiction of the State Land Management Office of the dump truck owned by the victim D (38 dump truck) who was parked in the second lane in the same direction due to negligence that neglected the duty of dump truck in front.

As a result, the Defendant caused the victim’s injury by occupational negligence, such as “a short period of less than 30 minutes (less than a short period of less than 30 minutes)” which requires the victim’s treatment for about two weeks, and suffered injury, such as “the brain-dead sugar with no open address,” and at the same time, did not take necessary measures such as providing relief to the damaged person by immediately stopping the damaged vehicle so that the amount equivalent to KRW 8,665,00,000 of the repair cost would come to the scene.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. Report on internal investigation (verification, etc. of booms);

1. A medical certificate;

1. Written estimate (87 pages of investigation records);

1. Application of the Acts and subordinate statutes to the scene of the accident, photographs of the vehicle involved, photographs of the damaged vehicle, photographs of the vehicle involved, and F cargo boom photographs;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent Article of the Act.

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