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(영문) 광주지방법원 순천지원 2015.12.23 2015고단1146
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

피고인은 C 포터∥화물차의 운전 업무에 종사하는 사람이다.

On May 31, 2015, the Defendant driven the above vehicle at around 15:30 on May 31, 2015, and proceeded in front of the Korea Coast Guard Safety Education Institute, which is located in Ocheon-do, in the same Dong, from the offside of the Ocheon Industrial Complex, to the new-dong bank, with the two-lanes of the two-lane road.

At the same time, the victim D(34 years old) driving car was in progress. In this case, the driver of the vehicle has a duty of care to not change course when it is likely to obstruct the normal passage of the vehicle by examining the movement of another vehicle located in the direction to change course.

Nevertheless, the Defendant neglected this and changed the course to the left side of the freight vehicle above the Defendant’s driving, which was normally straighted in the same direction as the part on the left side of the freight vehicle above the Defendant’s driving, was shocked into the front right side and the part on the driver’s driving.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim F, who was on board the said car of the victim D driving (the age of 31), such as dynasium and tensions of the bones of trees requiring treatment for about two weeks. At the same time, the Defendant, while destroying the said car of the victim so that it would amount to approximately KRW 1,003,00,000, such as exchanging the upper right-hand pans, did not immediately stop the said car and escape without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each photograph;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed against the crime specified in the relevant Act, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution;

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