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(영문) 대구지방법원 포항지원 2013.09.12 2013고단545
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 becomes final and conclusive.

Reasons

Punishment of the crime

On March 3, 2013, the Defendant, without obtaining a driver’s license of a motor vehicle on March 20, 2013, driving his J K7 motor vehicle and driving the motor vehicle on the road of two-lanes, 100 meters away from the mouth of the river tunnel, the Defendant changed the lane from one lane to two-lanes.

In this case, a person engaged in driving service has a duty of care to inform in advance of the change of direction by hand or direction when changing the vehicle line, etc., and to change the vehicle line as well as the situation of traffic on the front side and the right side.

Nevertheless, the Defendant neglected this and changed the car line as it is, but did not discover the Lane car driven by the victim K (Y, 37 years old) driving in the same two-lanes around that time, and received the front side of the victim's car from the right side of the passenger car.

Ultimately, the Defendant, by negligence in the above business, sustained injury to the climatic salt, etc. requiring medical treatment for about three weeks, and at the same time, destroyed property equivalent to KRW 2,758,862 of the repair cost of the damaged vehicle, she immediately stopped, checked damage situations, and escaped even though necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to K;

1. The actual survey report on traffic accidents;

1. Registers of driver's licenses;

1. Photographs of the collision part of the damaged vehicle, photo of the scene of the accident, and map of the course of escape of the affected vehicle;

1. A medical certificate;

1. Application of written estimates for vehicle repair;

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. Trade name;

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