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(영문) 수원지방법원 안산지원 2013.12.12 2011고단1511
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On October 27, 2010, the Defendant violated the Road Traffic Act (unlicensed driving) driving at around 03:30 on October 27, 2010, the Defendant driven a Cobserver car from the vicinity of the Handong Station in Ansan-gu, Ansan-si to the insular 12 complex distance from the vicinity of the Handong Station in Ansan-gu, Ansan-si.

2. A person who is engaged in driving of C observers vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act (unclaimed Measures after Accidents);

The defendant driving the above vehicle at the temporary border and driving the 12 complex street in the Hosi-dong of the members of Ansan-si at a non-speed speed depending on the two-lanes between the two-lanes from the direction of the Yeongdeungpo-si.

At the time, there was a flow of view to the new wall time, and there was a duty of care to safely drive the vehicle by checking the speed and the right and the right and the right and the right of the vehicle, because the vehicle is near the intersection where signals, etc. are installed.

Nevertheless, the defendant's negligence of disregarding and proceeding the stop signal, which led to the defendant's course to the right side of the victim D (at the age of 42) who is going straight from the left side of the defendant's route in accordance with normal signals, was shocked with the front part of the motor vehicle of the defendant.

As a result, the Defendant suffered injury to the victim, such as brain dead, which requires three weeks’ medical treatment due to occupational negligence as above, and at the same time, the victim’s motor vehicle was destroyed by KRW 4,454,593 and escaped without stopping the vehicle and taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding D (Simplified traffic);

1. A traffic accident report (1) (2);

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of the written estimate statutes;

1. The provision of relevant laws concerning criminal facts;

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