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(영문) 수원지방법원 2013.11.13 2013고단635
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 is engaged in driving of Category C cargo vehicles.

1. Around 20:50 on July 12, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) and the Road Traffic Act (U.S.A.) led the Defendant to drive the said cargo and drive the said cargo in the direction of allowing the direction of transmission from the direction of transmission to the direction of allowing the road in the direction of transmission.

Since the place is where the center line of yellow-ray is installed, there was a duty of care for those engaged in driving duties to thoroughly see the front line and to safely operate the car line.

Nevertheless, the Defendant neglected to do so and tried a U-turn while driving the central line by occupational negligence, and attempted to stop immediately to stop the vehicle and absconded without taking necessary measures, such as providing relief to the victim, etc., while taking the left-hand part of the E-ray drive 59 years old E-ray driveed by the Defendant to the front-hand part of the cargo vehicle driven by the Defendant. At the same time, the Defendant suffered from the injury of cerebral wave, etc. requiring medical treatment for about three weeks, such as the said victim’s brain death, etc. in need of medical treatment.

2. Around 20:50 on July 12, 2012, the Defendant driven the said C-freight vehicle from a section where the distance from the point from the point of view of the movement of the wife population to the point of view of the movement of the wife population at permissible time without a driver’s license to the point of view where the distance from the point of view of the movement of the wife population at permissible time cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Written statements of D;

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes to the driving license ledger;

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, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

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