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(영문) 대전지방법원 서산지원 2015.04.15 2014고단1155
특정범죄가중처벌등에관한법률위반(도주차량)등
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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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

On November 29, 2014, the Defendant: (a) around 20:04 on November 29, 2014, sent the front intersection of E, located D, from the right edge of the high-speed port to about 40 km in speed.

There are no traffic control and frequent traffic of the vehicle. In such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering direction and operation of the operation system for the person engaged in the driving of the vehicle.

Nevertheless, the defendant neglected this and received the part adjacent to the right side of the Goper car driven by the victim F, which was normally driven on the right side from the left side of the running direction by the negligence bypassing it without obtaining the driver's license, in front of the left side of the car.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks by occupational negligence as above, and at the same time, the Defendant destroyed the victim’s franchising car to cover approximately KRW 1,603,314, and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual survey report and the occurrence of traffic accidents;

1. Registers of driver's licenses;

1. A medical certificate;

1. Automobile, parts, delivery and payment requests;

1. Application of Acts and subordinate statutes on site photographs, photographs of damaged vehicles, and site photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;

1.Article 40 of the Criminal Code of Trade and Trade.

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