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(영문) 대전지방법원 천안지원 2016.03.31 2015고단2219
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of 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 of BYF rocketing vehicles.

On November 3, 2015, the Defendant driven the above vehicle at around 07:40 on November 3, 2015, and operated the four-lane road in front of the area of the housing site development in Seoan-gu, Seoan-gu, Seoan-si, Seoan-si, Seoan-si, in the direction of the Stgallonian department, at a four-lane speed.

On the other hand, there was an intersection where signal lights are installed, so there was a duty of care to prevent accidents by reducing speed and driving the signal well for those engaged in driving service.

Nevertheless, the Defendant neglected this and entered the intersection in violation of the signal while the signal is red, and thereby, received the victim C (62 tax) who was bypassing from the right side of the vehicle driving in the direction of the Defendant’s vehicle driving, the left side of the freight vehicle was the front side of the vehicle driving by the Defendant.

Ultimately, the Defendant, due to the above occupational negligence, suffered from the left-hand aggregate that requires approximately seven weeks of treatment to the victim, and at the same time, did not stop to the extent that it damages the cargo vehicle to the extent that it would scrap the cargo vehicle, and did not take necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of the occurrence status of each traffic accident in C;

1. Entry of the traffic accident report;

1. Statement and image of a survey report;

1. Descriptions of a medical certificate;

1. Application of each video Act or subordinate statute to a traffic accident scene map, each on-site photograph, CCTV images taken by a person who is a suspect, photograph of a suspect, and CCTV images taken by a person who is a dyke of spirits;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

1. Articles 40 and 50 of the Criminal Code of Trade and Trade (the punishment shall be added).

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