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(영문) 대전지방법원 2014.01.17 2013고단4272
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 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 a leisure car in C.

On September 21, 2013, the Defendant driven the said car without obtaining a driver's license on September 18, 2013, and operated the two-lane road in front of the Cristhal Sports Center in the Dong-dong, Daejeon-gu, Daejeon at approximately 40km from the 4-dong to the 4-dong-dong.

Since there is a two-lane road, the defendant engaged in driving of a motor vehicle has a duty of care to inform the defendant of the change of the direction by hand or direction direction, etc. in advance, and to change the vehicle line as well as to make the traffic situation of the front and rear left well.

Nevertheless, the Defendant neglected this and did not notify the direction change to the direction direction, etc., and due to the negligence of changing the course to the left side line, and the victim D (Woo, 48 years old) driving on one lane, followed the right side of the E-high-speed car driving, and received the part above the left side of the car driven by the Defendant.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim D and the victim F (the age of 31) who was on board the said high-est car, such as salt, tensions, etc. of the bones of wood, which requires treatment for about three weeks, and at the same time, destroyed the said mountain-est car to cover approximately KRW 2,279,046, such as painting and painting, and escaped without taking necessary measures, such as immediately stopping and aiding the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of the F, traffic accident, actual situation investigation report;

1. Each written diagnosis and written estimate;

1. Application of each statute on photographs;

1. Article applicable to criminal facts;

(a) Escape after the injury resulting from occupational negligence: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act;

(b) Subsequent to an accident: Article 148 of the Road Traffic Act;

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