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(영문) 청주지방법원 제천지원 2014.01.23 2013고단905
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 the B Poter, posp, and flobbing cargo.

On November 21, 2013, the Defendant driven the above cargo vehicle at a speed of 1:00, and driven the two-lane road from the front of the Gyeongdong-do, which is located in the Gyeongcheon-si, Seocheon-si, the Defendant proceeded at an insular speed along one-lane from the boundary of the scenic hospital.

At that time, the defendant, while making a direct progress, tried to change the lane to proceed by making a right-hand turn, so the defendant engaged in driving service had a duty of care to reduce the speed and to thoroughly move back, and to prevent accidents by changing the lane.

Nevertheless, the Defendant neglected this and was negligent in changing the lane rapidly without thoroughly changing the two-lanes in the future, and received the part on the front left side of the driving car of the victim C(the 48-year-old driver) who was driving in the two-lanes of the same area, as the front side of the driving car of the Defendant.

Ultimately, the Defendant, due to the above occupational negligence, suffered injury to the victim, such as salt, tensions, etc. of the string that requires treatment for about two weeks, and at the same time, escaped without any necessary measures, such as stopping and saving the victim, even though the above string-man car is damaged to the extent that the repairing cost, such as exchanging the front-man car, was damaged to the extent of KRW 2,09,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, photographs of the scene of an accident, estimates, and medical certificates;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage and destruction);

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 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution;

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