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(영문) 대전지방법원 2014.05.16 2014고단313
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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 the duty of driving Category C truck.

On December 18, 2013, at around 17:40 on December 18, 2013, the Defendant moved three lanes in front of the Hyundai MMco apartment in Sejong Special Self-Governing City into one lane in front of the common zone in Sejong Special Self-Governing City, and changed the lanes into two lanes.

When changing the vehicle line, there was a duty of care to change the vehicle line by operating direction direction, etc., giving prior notice of change of course, and taking into account the traffic situation of the front and rear left.

Nevertheless, if the defendant neglected this and changed the lane to the right side as it is, the defendant was placed on the right side of the FM5 car owned by the victim D(50 years of age) who passed two lanes due to the negligence of the change of the lane to the right side.

Ultimately, the Defendant suffered injury to the victim, such as brain, which requires treatment for about three weeks by occupational negligence as above, and at the same time, 1,285,804 won of repair expenses were destroyed to the extent that it did not immediately stop the vehicle owned by the victim and run away without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual condition survey report;

1. A medical certificate;

1. Application of the written estimate statutes;

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 (the point of escape after occupational injury), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage to goods), and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty: Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., reflectivity, comprehensive insurance coverage, degree of damage, relationship of criminal record, etc.);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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