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(영문) 의정부지방법원 2016.05.19 2015고단4486
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 of a car XG in Category B.

On September 22, 2015, the Defendant driven the above car at around 21:23, 2015, and proceeded along the four-lane road in front of the D-C city of the Government of Gyeonggi-do along the two-lane distance from the shooting distance of the Sungmo Hospital.

At the time, the victim E(54) driving was at night and the vehicle was in progress at the front of the defendant's driving direction. In such a case, the driver of the vehicle had a duty of care to ensure the safety distance to avoid the collision when the vehicle stops, and to prevent the accident by accurately manipulating the steering devices and brakes.

Nevertheless, the Defendant discovered the speeding of the above amount of a passenger car due to negligence, such as attaching a cigarette, etc. while driving, and took the operation measures, but did not reach the Defendant’s vehicle, and received the back part of the above amount of a passenger car with the front part of the passenger car.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim, such as salt ties and tensions, which require treatment for about three weeks, and, at the same time, escaped without taking necessary measures such as aiding and abetting the victim, even though the repair cost of KRW 606,500, such as the exchange of f00,000, such as the exchange of frouts, destroyed the said amount of frout vehicle to the extent that it does not immediately stop and rescue the

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A fact-finding survey report and a traffic accident occurrence report;

1. A written diagnosis and written estimate;

1. The scene of an accident, photographs of damaged vehicles, and photographs of damaged vehicles;

1. Application of the Acts and subordinate statutes to capture the damaged vehicle boom image data, CCTV image data for vehicle inspection, and CCTV data for suspect's residential apartment houses;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and Article 5-3 of the Criminal Act.

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