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(영문) 대구지방법원 김천지원 2016.05.12 2016고단155
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for 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

The defendant is a person who drives a low-speed car.

On January 14, 2016, at around 10:55, the Defendant driven the above high-speed car on the front side of the D, which is located in the Gu-si, Si-si, Gu-si, Seoul, and proceeded along one lane among the three-lanes in the three-lanes in the north Tri-do, while changing the lanes to the right side.

Since there are two lanes in the same direction, the driver of the motor vehicle has a duty of care to change the vehicle in a safe way by operating the direction when the driver of the motor vehicle changes the vehicle, giving prior notice of the change of course and considering the traffic situation before and after the change.

In doing so, the Defendant neglected to do so and, as it is, driven by the victim E (58) who is proceeding on the two-lanes of the same direction by the change of the vehicle line to the right side.

F PoterⅡ Cargo Round, the defendant was driven by the left-hand side of the loaded goods

The vehicle was received by the right side of the low-est passenger vehicle.

Ultimately, the Defendant, by negligence in the course of performing the above duties, suffered injury to the victim, such as brain-dead sugar that requires medical treatment for about two weeks, and at the same time, the Defendant loaded the above cargo Class II, and then escaped without taking necessary measures, such as aiding and abetting the damaged party by stopping the vehicle, even though it damages approximately KRW 196,00,00 for repairing expenses, such as rash seal, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The actual survey report and on-site photographs;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes of report on internal investigation (for vehicles involved in accident), investigation report (for vehicles involved in accident, attaching photographs to black booms) and closure photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54 (1) of the Road Traffic Act (the point of non-measures after the injury from duty) concerning the crime;

1.Articles 40 and 50 of the Criminal Code of Trade and Trade (the punishment shall be heavier).

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