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(영문) 청주지방법원 영동지원 2014.02.27 2013고단225
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

On September 20, 2013, the Defendant operated a car as a gallon of Cgallon around 19:10 on September 20, 2013, and proceeded with the 1st Dong-dong, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-do, as a gallon of the central shooting distance.

On the front side, the EAtop car driven by the victim D(80 years old) is waiting for a signal, so in such a case, the person engaged in driving of the automobile has a duty of care to safely drive the car by accurately operating the steering wheel and brake system.

Nevertheless, the defendant neglected to do so and got the back part of the above Atop car as the front part of the said gallon car due to his negligence, and caused the above App car to be driven by the victim F(48 years old) in front of that part.

Ultimately, the Defendant, by its occupational negligence, committed an injury to the said D, such as salt, tensions, etc., which requires approximately two weeks of medical treatment, and escaped without any necessary measures such as rescue of victims, even though the Defendant, by stopping the said franchise to the said F to the extent that: (a) the victim H (the 47-year old-old) who was aboard the car, suffered an injury to the brain dys, etc. requiring medical treatment for about two weeks; and (b) at the same time, the amount of KRW 1,404,817 of the repair cost of the said Atosp car was reduced to KRW 432,813 of the repair cost; and (c) the Defendant immediately stopped the said car to the extent that the said car was damaged to the extent that the amount of KRW 432,813 of the repair cost is to be reduced.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A traffic accident report;

1. The actual survey report (including field photographs);

1. Each written diagnosis;

1. Application of each written estimate statutes;

1. 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 (the point where measures are not taken after an accident) regarding the crime.

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