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(영문) 대전지방법원 2019.09.05 2019고단1845
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 driving a Bsch Rexton car.

On April 23, 2019, the Defendant driven the above car at around 22:10, and stopped the road of the 7-lane in front of the D in Daejeon Dong-gu, Daejeon, along the direction of the Oralene distance, along the vehicle stop according to the stop signal.

At the time, the Defendant stopped the vehicle as above, and in such a case, there was a duty of care to prevent accidents in advance, such as making the location of the vehicle in the rear side, accurately operating the fish and brake system, and preventing the vehicle from proceeding behind.

Nevertheless, the Defendant neglected this and neglected to stop at the rear side of the Defendant’s car, which was driven by the vehicle stop signal at the later side of the Defendant’s car, and received the front part of the Defendant’s car and the front part of the FM5 car for the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim, such as “finites and tensions,” which requires approximately two weeks of medical treatment by occupational negligence as seen above, and at the same time, the Defendant escaped without immediately stopping the said SM5 car so that 962,860 won can go to repair cost and without taking measures such as aiding the victim.

Summary of Evidence

1. Each legal statement of witness E and G;

1. Statement of the police statement of E;

1. A traffic accident report;

1. An accident site photograph;

1. A written diagnosis and written estimate;

1. Determination as to the defendant's assertion of each investigation report

1. The gist of the assertion is that the Defendant had no awareness of the occurrence of the instant accident at the time, and thus, it cannot be deemed that there was a criminal intent to escape.

2. The following facts or circumstances, which can be acknowledged by the evidence as seen earlier, i.e., the Defendant vehicle runs at a considerable speed.

The collision with the victim's vehicle, 2. The victim of this case

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