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(영문) 대전지방법원 홍성지원 2016.08.16 2016고단371
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 observer car.

On December 16, 2015, the Defendant driven the above car at around 19:20 on December 16, 2015, and proceeded two lanes in front of the red school in Hongsung-dong Hong-gun Hongsung-gun, Hongsung-gun, with one lane, at a speed of about 40km from the red side to the red side.

At the time of night, the road was sleeped due to snow getting off, and the flow of the front door, so the driver of the vehicle had a duty of care to reduce speed and properly manipulate the steering system of the vehicle, the steering system of the vehicle, the brakes and other devices and to prevent accidents in advance.

Nevertheless, the Defendant neglected this at a speed and did not look at the front side, and found the fallon, which was driven by the injured party E (32 older) who was standing on one lane, late later, and was falloned, but did not avoid the gallon, and received the part following the gallon in front of the Defendant’s car.

Ultimately, the Defendant, by negligence in the course of business as above, destroyed the fallon in the above 858,658 won, and at the same time, destroyed the fallon to the victim E in need of approximately two weeks of medical treatment, and suffered injury to the victim G (V, 62 years of age) who falloned a vehicle with the above gallon for about three weeks of medical treatment, but failed to immediately stop and escape without taking measures such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, H and I;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of each written diagnosis, written estimate for maintenance of motor vehicle inspection, and statutes governing field photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act (the point of escape after the injury caused by occupational negligence) concerning the crime in question.

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