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(영문) 대전지방법원 2013.04.17 2012고단3530
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CP car.

On August 28, 2012, the Defendant driven the above car on the 19:45th day of August 28, 2012, and driven it bypassing the two-lane road in front of the four-lane distance from the world of the world, Seo-gu, Daejeon.

In this case, a driver of a motor vehicle has a duty of care to live well on the right and the right and the right and the right and the right and the right of the driver of a motor vehicle and to prevent accidents by accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected to do so and got off the center line due to the negligence of breaking the center line, and was driven by the victim D(I, 50 years old) waiting in the opposite lane on the left side of the said vehicle.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim D and the victim F (V, 49 years old) who was on board the instant car, such as “at least two weeks of medical treatment,” and went away without taking necessary measures after the accident, such as stopping and saving the victims, even if the Defendant destroyed the rocketing car to the extent that the amount equivalent to KRW 1,207,928 is equivalent to the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual survey report (1, 2);

1. Each written diagnosis;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs of accident vehicles;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime in question, and Articles 148 and 54 (1) of the Road Traffic Act (the point of escape after the injury by occupational negligence) of the Criminal Act;

1. As to the victim D who violated the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Road Traffic, and committed the most severe punishment and punishment.

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