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(영문) 전주지방법원 2014.01.03 2013고단2236
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 of the final judgment.

Reasons

Punishment of the crime

On May 29, 2013, the Defendant is a person who is engaged in driving a vehicle of C New Franchisp. On the other hand, at around 21:21 on May 29, 2013, the Defendant driven the said vehicle and proceeded at a speed of about 40 km from the boundary of the new zone to the terminal at the speed of about one way.

Since there are no signal apparatus installed and the traffic of a vehicle is frequent, there was a duty of care to prevent accidents by entering the road in advance by temporarily stopping the vehicle before entering the intersection or checking whether there is a vehicle entering the intersection by driving the vehicle.

Nevertheless, the Defendant, without speeding, proceeded at the opposite side by the negligence that entered the said intersection, and went to the left at the said intersection, was driven by the victim D (W, 53 years old) who passed to the left at the said intersection, and the right side of the E-Poter to the right side of the cargo to cut to the front side of the Defendant’s vehicle, and due to the shock, while the cargo is pushed off and the freight is pushed off, the back part of Gol-do, which is the left side of the taxi operated by F, was received as the front left side part of the said cargo.

Ultimately, the Defendant caused the injury of the victim D by occupational negligence to approximately three weeks of medical treatment, and caused the above cargo to be 1,288,916 won, and the above cargo to be repaired. The above taxi had to be 528,856 won of the repair cost, and went away without taking measures such as aiding the victim or removing risks and obstacles to traffic.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F and D;

1. The actual survey report on traffic accidents, on-site evidence and photographs;

1. Application of the written diagnosis and written estimate under each Act and subordinate statutes;

1. The injury resulting from occupational negligence under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning criminal facts.

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