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(영문) 대전지방법원 천안지원 2016.08.30 2016고단943
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 a period of 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 driving a third party car.

On May 2, 2016, the Defendant driven the above car at around 17:03, while proceeding from the galth of Asan Sinsan, the Defendant driven the car to the galth of the galth from the galth of the galth of Asan Sinsan.

Since the location is an intersection where signal lights are installed, in such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle according to the direction of signals, by examining well the right and the right of the front side of the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to enter the intersection by the negligence of entering the intersection as is in contravention of red signal, and led the victim D (62 3) who was proceeding from the direction of the Eup to the e-learning car in accordance with the new subparagraph, to the front panion of the e-learning car operated by the victim D (62 3).

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during approximately three weeks of medical treatment, and at the same time, the Defendant did not damage the victim’s fright-learning passenger cars, which were owned by the victim D and did not take necessary measures so that they could lose their repair costs.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against D;

1. A medical certificate;

1. A report on the occurrence of a traffic accident (1), (2);

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act (the point of view of failing to take measures after an accident) concerning the crime;

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

1. Imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing of Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures [the type of decision] types 1 (the injury or injury shall be made after the decision is made].

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