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(영문) 춘천지방법원 강릉지원 2014.08.21 2014고단508
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 of B Poter cargo vehicles.

On March 15, 2014, at around 19:38, the Defendant driven the above cargo vehicles, and led to the right-hand transfer of the above cargo vehicles to the rest of the hotel in front of the hotel in bekia, which is located in 2070 on the west-gu coast of Gangseo-gu, Chungcheongnam-gu, Seoul.

At the time, it was night and located at a three-distance intersection, so in such cases, there was a duty of care to reduce the speed in advance and safely proceed along the lane to prevent accidents.

Nevertheless, while neglecting this, the Defendant got off the center line and stopped in the opposite lane due to negligence bypassing it, the part of the driver's seat of the victim C(A, 26 years old) driving of the Dpoter car in front of the truck driver's seat of the Defendant, and then stopped and proposed cash change to the victim. However, the issue of the victim's drinking driving is the fact of the Defendant's drinking driving, and the victim requested insurance treatment, and the Defendant's cargo vehicle was driven in the opposite lane and left the scene as it is.

As a result, the Defendant, by negligence in the above occupational negligence, sustained injury to the injured party, such as fluoral salt in need of treatment for about two weeks, and at the same time, escaped without any necessary measures such as aiding the injured party, even though the market value, such as exchange and maintenance, damages the fluor motor vehicle to the extent that the repairs cost of the market value, such as replacement and maintenance, etc.

Summary of Evidence

1. Defendant's legal statement;

1. CWritten statement on the occurrence of a traffic accident;

1. The actual condition survey report;

1. Each report on internal investigation:

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the point of failing to take measures after causing damage or destruction by occupational negligence);

1.Article 40 of the Criminal Code of Trade and Trade.

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