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(영문) 의정부지방법원 2015.10.02 2015고단2478
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a KS5 car.

On May 16, 2015, the Defendant driven the above car at around 07:05, while driving it in accordance with the two-lanes in the direction of the steel source from the Government of the Republic of Korea to the intersection of the horizontal distance in the horizontal intersection of the Sincheon-si, the draft of the Sincheon-si.

At that time, the two-lanes are installed at the center of separation, so in such cases, the person engaged in the vehicle driving duty has a duty of care to protect the lanes and prevent accidents in advance by safely passing through the intersection.

Nevertheless, while passing through an intersection, the Defendant: (a) discovered the Defendant’s car driven by the victim C(the age of 57) who was normally driven along one lane from the opposite opposite lane when the Defendant was negligent in driving along the opposite lane beyond the median line; (b) found the Defendant’s car driving on the opposite lane; and (c) caused the collision of the central separation zone in front of the driver’s seat while driving.

As a result, the Defendant suffered injury to the above victim due to the above occupational negligence in detail that requires treatment for about two weeks, and at the same time, went away from the site without immediately stopping the property equivalent to KRW 1,106,827, such as exchange of hyd hyd hyd hyd, without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report and on-site photographs;

1. A medical certificate;

1. Written estimate;

1. Application of investigation reports (in cases of accident places and CCTV for escape, referring to statutes);

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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