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(영문) 전주지방법원 정읍지원 2013.11.19 2013고단502
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 becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On April 17, 200, the Defendant was sentenced to a fine of two million won as a crime of violation of the Road Traffic Act (not in the case of accident) in the previous Jeju District Court's branch court's support on the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., in one year and six months, and the same court on June 17, 201, respectively.

【Criminal Facts】

The Defendant is a person who is engaged in driving of fixed cargo C.

Around 18:05 on July 12, 2013, the Defendant was driving the above vehicle, and the Defendant was driving the vehicle in front of the two-way intersection in the New-In-In-In-Eup SM7 car driven by the victim D(the age of 65) while driving the vehicle in front of the two-way intersection in the New-In-In-In-Eup Eup at the new-in Eup.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle, such as making a well-round walk, accurately operating the steering gear and brakes, and using the left-hand lane when overtaking the motor vehicle.

Nevertheless, due to the negligence that, while neglecting this, passes the above SM7 car by using the right lane, and without securing the safety distance, returned to the original lane without securing the safety distance, it received the front part of the right side of the above SM7 car.

At the same time, the Defendant suffered from the spawn and the spawn left room, etc., which require approximately two weeks of treatment due to such occupational negligence, and at the same time, destroyed the above SM7 vehicle to be repaired in an amount equivalent to KRW 968,513, and escaped without immediately stopping and taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. A medical certificate;

1. Written estimate of the cost of underwriting insurance;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions concerning facts constituting an offense;

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