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(영문) 춘천지방법원 속초지원 2013.08.28 2013고단88
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 a wing-off cargo vehicle.

On February 14, 2013, the Defendant driving the above cargo vehicle around 13:20 on February 14, 2013, and driving a two-lane road near the Changyang-gun, Yangyang-gun, Yangyang-gun, in accordance with the one-lane 50km each hour from the Myeon of Yangyang-gu, Yangyang-gu, Yangyang-gun, the Defendant turned the two-lane line to the two-lane.

In the event of a change in the vehicle line as above, there was a duty of care to prevent accidents in advance by changing the course in a safe way to a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected to do so and instead changed the lane to the right side of the said cargo vehicle due to the negligence of changing the lane as soon as possible without examining the course of the vehicle. The Defendant was driven by the victim E (the age of 63) who was in the direct way depending on the two-lanes.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim E and the victim G (59 years old), the victim H (59 years old), and the victim I (54 years old), respectively, due to their respective injuries, such as dynasium and tensions of the bones of wood, which require two-day medical treatment. Although the said car was damaged by the repair cost of KRW 689,300, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, G, H, and I;

1. A traffic accident report (1), (2), on-site and vehicle photographs;

1. Each written diagnosis;

1. Application of written estimate of insurance repair costs to Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The accused under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation shall commit the crime;

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