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(영문) 광주지방법원 2015.04.09 2014고단5015
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

On October 25, 2014, the Defendant driving a Csch Rexton vehicle on duty at around 21:10 on the 25th day of October, 2014, which led to the flow of one-lane road in front of the Seocho-dong, Seogdong, Seo-gu, Seo-gu, Gwangju, with the flow of the two-lane road in front of the Western underground map.

In such cases, drivers shall accurately operate the steering system, brakes and other devices of their vehicles, and shall not drive them at such speed or in such a manner as may inflict any danger and injury on other persons or vehicles according to the traffic conditions of roads and the structure and performance of their vehicles, and have the duty of care to prevent accidents in advance by safely reporting the front-side and traffic conditions.

Nevertheless, the Defendant neglected the above duty of care and changed the sudden lane into a two-lane, and was driven by the victim D(45 years old, South) who was proceeding in front of the same direction in the second direction, and received the part of the E-on the left side of the said flaton car from the front part of the right part of the said flaton car.

The Defendant, by such occupational negligence, sustained injury to the victim FF (the 37-year old-old) who was accompanied by the victim D (the 45-year-old) and the franchising car, respectively, for about two weeks of medical treatment, and at the same time, caused the department to have approximately KRW 911,106 of the repair cost, the front door, etc. of the franchising vehicle, etc., and escaped without immediately stopping and taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the prosecutor and the police accused;

1. The application of Acts and subordinate statutes, such as a fact-finding survey report, an accident site map, an accident site photograph, a written statement of occurrence of a traffic accident, and a written statement of statement (Evidence Nos. 1, 2, 3, 6, 9, 17)

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. The Commercial Concurrent Crimes Act.

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