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(영문) 춘천지방법원 원주지원 2016.05.02 2016고단120
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 car in DMW 520D.

On November 13, 2015, the Defendant driven the above car on the 22:38th day of November, 2015, and led to the intersection in front of the F cafeteria E in the original city, to the direction of the legal survey distance from the elementary intersection of the original city.

The location is an intersection where signal lights are installed, and the center line of yellow solid lines are installed, so in such a case, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to operate safely with signal and signal.

Nevertheless, the Defendant neglected this and passed through an intersection in violation of the signal, and due to the negligence of driving by the median line with the median line, and the opposite line, was driven by the victim G (WW 520D car 39 years old) who stops in the signal atmosphere. The front part of the HMW 520D car driven by the Defendant was driven by the Defendant’s front part in front of the right part of the said car.

Ultimately, the Defendant, due to the above occupational negligence, inflicted injury on the victim G, such as salt, tensions, etc. of a shoulder pipe that requires approximately two weeks of medical treatment, suffered injury on the victim I (44 years of age) who was boarding the victim G’s car at approximately two weeks of medical treatment, and attempted to escape without taking necessary measures, such as aiding and abetting the victim G’s car by immediately stopping the said car, even though the repair cost, such as exchange of the front one, was 21,940,292 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G and I;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Each written diagnosis and written estimate;

1. Application of each statute on photographs;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 of the Criminal Act for mitigation of amount;

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