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(영문) 전주지방법원 군산지원 2014.10.29 2014고단914
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three 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 a NAS vehicle B.

On July 17, 2014, the Defendant driven the above vehicle on July 18:28, 2014, and proceeded the front of the road from the direction of the white road in the direction of the white road.

In this case, since the signal apparatus is installed, and the victim C(35 years old) was driving on the frontway, there was a duty of care to make sure that the person engaged in driving service of the motor vehicle well sees the signal, and to maintain the sufficient interval with the vehicle driving on the frontway, and to pay attention to avoid collision.

Nevertheless, the Defendant neglected this and continued to stop with a stop signal, and the part of the back of the instant rocketing vehicle, which was stopped by the stop signal, was concealed into the front part of the given NAS vehicle.

As a result, the Defendant, by the above occupational negligence, stopped the above victim C, and the victim E (n, inn, 66 years old) with approximately two weeks of medical treatment, and escaped as it did not take necessary measures such as providing rescue to the victims, even though he did not immediately stop the above rocketing vehicles for the repair cost of KRW 1,396,327, even though she damaged the above rocketing vehicles for approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Photographss of damaged vehicles and caps;

1. Application of Acts and subordinate statutes to a report on investigation (medical certificate and quotation);

1. 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 concerning the crime by applicable law;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty;

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