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(영문) 광주지방법원 해남지원 2013.08.14 2013고단114
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 Class B high-class truck.

Around 13:50 on March 24, 2013, the Defendant driven the above truck and proceeded along one lane in the direction of the new engineer distance in front of the restaurant, “Yinjindocccccccccccccccck,” located in the interlock of the Eup in the west-gun, Namnam-do.

At that time, the Defendant had a duty of care to prevent accidents in advance, such as making the victim C (here, 46 years old) driven by the victim C (here, 46 years old) drive, and thus, a person engaged in driving of a motor vehicle had a duty of care to prevent accidents, such as keeping a safe distance to avoid a stop of the said motor vehicle, and securing and driving a safe distance to avoid the accident.

Nevertheless, the Defendant neglected this and found it late to stop the said rocketing car due to negligence in close vicinity to the said rocketing car, and took an urgent action to stop the said rocketing car. However, the Defendant did not stop and received the back portion of the said rocketing car as the front part of the truck being driven by the Defendant.

As a result, the Defendant, through the above occupational negligence, committed an injury to the said victim, such as salt, tensions, etc., in need of approximately two weeks of medical treatment, and suffered injury to the victim E (V, 45 years of age), such as salt, tensions, etc., of the string of the horse that requires approximately two weeks of medical treatment, and escaped without taking measures, such as stopping the said string car to the extent that the repair cost is 260,000 won, while destroying the said string car to the extent of 260,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Each written diagnosis;

1. A detailed statement of automobile inspection and maintenance;

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

1. Article 5-3 (1) 2 and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed.

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