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(영문) 광주지방법원 순천지원 2014.12.19 2014고단1300
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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 driving a rocketing car.

On April 16, 2014, the Defendant driven the said car on April 16, 2015, and followed the two-lanes from the direction of the intersection to the Mine Agricultural Product Export Logistics Center in the direction of the road, following the Home Pluter in the luminous-si port.

At that time, since the yellow on-and-off signal was an intersection in operation, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a vehicle crossing by reducing the speed or temporarily stopping it, and to safely drive it.

Nevertheless, the Defendant neglected to do so and proceeded without reducing speed, and by the negligence of going on as is, entered the right side from the left side of the Defendant’s running direction to the right side, and was driven by the victim D(33 years old). The front part of the E-Poter’s right side side of the E-Poter’s freight was driven by the Defendant.

Ultimately, the Defendant, by occupational negligence, sustained injuries, such as climatic salt, etc., in need of treatment for about two weeks, and at the same time, escaped without immediately stopping the vehicle and without taking measures such as aiding the victim, even though it was damaged to ensure that the amount equivalent to KRW 2,814,328, such as the exchange of clifers in front of the vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of police suspect regarding D;

1. Each legal statement of witness F and G;

1. The police statement concerning F;

1. A traffic accident report (one report);

1. A traffic accident report (1) (2) (actual survey report);

1. On-site evidence and photographs;

1. A medical certificate;

1. Specifications of automobile maintenance;

1. Application of the evidence photograph (CCTV analysis) and CD 1-related Acts and subordinate statutes on the scene of the traffic accident;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage and destruction);

1. Commercial concurrence;

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