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(영문) 광주지방법원 목포지원 2015.09.14 2014고단1349
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 is engaged in driving of CPoter 2 cargo vehicles.

On March 7, 2014, at around 22:20, the Defendant operated the above cargo vehicle and changed the two-lane road in front of the entrance of an industrial tunnel into the Maria High School into the two-lane road in front of the entrance of an industrial tunnel.

In this case, the driver of the motor vehicle has a duty of care to give prior notice of the change of the lane by operating the direction in advance to the driver of the motor vehicle and to prevent the accident by changing the lane safely by keeping the traffic situation well.

Nevertheless, the Defendant neglected this and neglected to change the lane and received the part on the right-hand side of the said cargo, following the left-hand side of the victim D (W, 38 years old) drive E in the two-lane direction of the Defendant’s proceeding.

As a result, the Defendant suffered from an injury by the victim due to the above occupational negligence during about two weeks of medical treatment, and at the same time escaped without taking necessary measures, such as immediately stopping a vehicle owned by the victim, even though it damages the 1,200,925 won of the repair cost, even though it damages the 1,200,925 won of the repair cost.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Each investigation report (a criminal investigation following the prosecutor's head investigation command) and - a detailed statement of currency;

1. A medical certificate (D);

1. Written estimate of the damaged vehicle;

1. Application of Acts and subordinate statutes, such as evidence photographs, black stuff images, CDs, on-site photographs, etc.;

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, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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