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(영문) 전주지방법원 군산지원 2013.05.02 2013고단245
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving B vehicle.

1. On October 29, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act (U.S.A.) (A.D.) (A.M.) driving the said vehicle, at around 18:50 on October 29, 2012, led directly to the driving of the said vehicle to the luminous belt from the edge of the next funeral hall.

At the same time, the signal of the intersection was in a red and flickering state, so in such a case, the defendant engaged in driving duty has the duty of care to safely pass the intersection after checking whether there is a vehicle entering the intersection by reducing the speed and considering the traffic situation of the front and rear left.

Nevertheless, due to the negligence of neglecting this, the Defendant did not keep the victim C (Y, 33 years old) who had entered the above intersection from the right side of the Defendant’s driving vehicle to the left side, and did not avoid driving the said vehicle, and did not shock the part before the right side of the said vehicle and the part after the Defendant loaded the said vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc. of the string that requires medical treatment for about two weeks. While the above victim’s driver’s vehicle was damaged by the repair cost of KRW 2,245,459, the above victim’s driver’s vehicle was immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

2. Violation of the Road Traffic Act (unlicensed Driving) provided that the Defendant driven the above Pottering vehicle at a section of about 600 meters from the construction site of the non-permanent apartment located in the Mag-si, Mag-si, Mag-si, Mag-si to the first new intersection in the Mag-si, Magsan-si.

3. On October 30, 2012, the Defendant’s house located in Hasan-si E around October 10, 2012.

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