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(영문) 대전지방법원 2016.05.20 2016고합109
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 a period of three 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 C New Franchise XG cars.

On January 28, 2016, the Defendant driven the above car at around 21:15, and led to the passage of a three-lane road at the center of the 142-ro, the center of the Dae-gu, Seoul, to the direction of the four-lane, along the one-lane.

Since the location was an intersection where signal lights are installed in the front bank, in such a case, the driver of the vehicle had a duty of care to live well on the front side and to prevent the accident in advance by proceeding the intersection in accordance with the signals.

Nevertheless, the Defendant, in violation of the right-hand turn at the above intersection that is a zone where the left-hand turn is prohibited, went to the right-hand turn of the victim D (n, 36 years old) who was a victim D (n, 36 years old) who was in the right-hand turn to the four-distance distance along the two-lanes of the three-lane road in which the Defendant drives a vehicle at the right-hand side of the Gu Do Do Do Do Do Gun Gun Gun Gun.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tensions, etc. in the right-side basin in need of treatment for about two weeks, and suffered injury on the left-side unit in need of treatment for about one week between D and the victim F (five years of age), and at the same time, destroyed the above f47,00 won in estimate of repair, such as exchange of the front-standing spread, and escaped without immediately stopping the above f47,00 won and without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A traffic accident report (1) (2) and an accident scene photograph, etc.;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provision of the Act.

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