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(영문) 대전지방법원 2013.09.11 2013고단630
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CNoby car.

On January 12, 2013, the Defendant, at around 00:16, driven the said vehicle on the road in front of the Mountain Sea State in the Ulsan-dong located in Daejeon, with a duty of care to ensure that, while driving the said vehicle at a speed of about 70 kilometers from the 4-lane to the cultural development intersection by using one lane between the two-lanes, the E-motor vehicle driven by the victim D temporarily stops on the front side due to the suspension of the preceding vehicle, and the subsequent Defendant was obliged to take the duty of care in a safe way so as not to see the preceding vehicle by thoroughly driving the front side.

However, due to the negligence of driving the damaged vehicle by neglecting the duty of care on the part of the Defendant due to the negligence of driving the vehicle entirely in front of the Defendant’s driving vehicle, the Defendant: (a) caused the victim D, the driver of the damaged vehicle, to incur approximately two weeks of medical treatment; (b) the victim F, the passenger of the damaged vehicle, to suffer from the damaged vehicle’s base in need of medical treatment for about two weeks; and (c) at the same time, destroyed the damaged vehicle to damage the damaged vehicle to KRW 1,094,518 of its repair cost; and (d) did not immediately stop to take necessary measures such as rescue measures for casualties; and (e) escaped at a rapid speed using the opposite vehicle beyond the center.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. The actual condition of traffic accidents;

1. Each written diagnosis;

1. Written estimate;

1. Application of each statute on photographs;

1. Article applicable to criminal facts;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime in question, and Articles 148 and 54 (1) of the Road Traffic Act (the point of escape after the injury by occupational negligence) of the Criminal Act;

1. Each of the crimes listed in Articles 40 and 50 of the Criminal Code shall be the most common, criminal and criminal punishment.

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