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(영문) 의정부지방법원 고양지원 2014.09.26 2014고단1500
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person driving a gallon 2 car as a duty.

On March 24, 2014, the Defendant driven the said car on March 22 and 25, 2014, and proceeded along the two-lanes from the west Station to the gold village, the Defendant changed the course into the left-hand one way to the left-hand side in order to internship at a place other than the permission point for internship.

In such cases, when it is likely that a person engaged in driving service of a motor vehicle may impede normal traffic of other motor vehicles running in the direction of the change, he/she shall not change course, and there was a duty of care to safely change the vehicle line by giving an advance notice of change of course and keeping the traffic situation of the front and rear.

Nevertheless, the defendant neglected this and entered the left-hand side of the new tourist bus by the negligence of entering the victim D (Nam, 60 years old) who is proceeding with the above one-lane, and received the front left-hand side of the vehicle of the defendant.

As a result, the Defendant suffered from the victim D, bus passengers F (n, 23 years of age), and G (n, 53 years of age) by negligence in the course of performing the above duties, respectively, injuries such as clocks, tensions, etc. of the trend requiring approximately two weeks of medical treatment. At the same time, even if the damaged vehicle damages its repair cost of KRW 3,540,788, it did not stop and abscond without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to D and H;

1. Each traffic accident-related person's statement about G and F;

1. A traffic accident report;

1. Each written diagnosis and written estimate;

1. Application of Acts and subordinate statutes governing the site and vehicle photographs;

1. Article 5-2 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 268 of the Criminal Act concerning the crime in question (the point of escape after the injury caused by occupational negligence).

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