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(영문) 광주지방법원 순천지원 2012.08.16 2012고정335
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Criminal facts

The defendant is a person who drives a fixed freight vehicle C.

The Defendant driven the above vehicle around 17:55 on October 4, 201, and proceeded to turn to the left at about 50 km from the direction towards the apartment at the speed of the parallel of the entrance of the apartment in the Slime, because it was a human park in the Slime, which is located in the Slime, at the time of rain.

At all times, there was a duty of care to prevent accidents in advance by driving safely, such as checking whether there is a vehicle that is driven by temporarily stopping prior to the left-hand turn to the driver of a motor vehicle.

Nevertheless, the Defendant did not check whether there are vehicles driving on by neglecting it, and found the E-friendly vehicle driven by the victim D, who was at the right time in the opposite direction to the right time by negligence, late and stopped, but did not avoid it, and received the part on the left side of the E-friendly vehicle as the part on the left side of the cargo vehicle.

The Defendant, by these occupational negligence, sustained injury to the right slicks, etc., which requires treatment of the victim for about three weeks, and at the same time, avoided the car to be damaged by the repair cost of KRW 5 million, such as the replacement and maintenance of the previous slicks, and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. The second police statement made in relation to D and F, respectively;

1. The police statement concerning G;

1. The actual condition survey report;

1. A copy of the joint signature of the suspect; and

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes on trading lists;

1. After accidents under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act regarding criminal facts.

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