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(영문) 의정부지방법원 고양지원 2016.11.10 2016고단2230
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a motor vehicle B in New Zealand.

On April 23, 2016, the Defendant driven the above car on April 16:40, 2016, while driving the said car and driving it on a two-lane one-lane from the jurisdiction of the National Cancer Center at the front of the night beginning in the Silsan-dong, Yongsan-gu, Busan Metropolitan City, and then driving it on a two-lane from the jurisdiction of the National Cancer Center to the jurisdiction of the National Cancer Center.

In such cases, a person engaged in the driving of motor vehicles has a duty of care to check whether there is a motor vehicle driving on the side line by checking the right and the right and the right and the right and the right and the right and the right and the right and the duty of care to prevent accidents by accurately operating the steering gear and the brakes.

Nevertheless, the Defendant neglected this and did not discover the victim C(the age of 45)'s No. D No. D No. D, which was proceeding one lane due to the negligence of changing the vehicle, and received the part of the victim's right-hand part of the passenger car with the left side of the vehicle of the defendant.

As a result, the Defendant suffered injury to salt and tensions in need of medical treatment for about two weeks due to the above occupational negligence, and at the same time, the Defendant destroyed the victim’s car and escaped without immediately stopping the vehicle so that the repair cost of KRW 1,031,611, such as the exchange of the previous panions, can be seen as 1,031,611.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement (Simplified traffic);

1. A traffic accident inspection report, a traffic accident occurrence report, and photograph of the accident site vehicle;

1. Medical certificate (Evidence No. 43);

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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