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(영문) 대전지방법원 서산지원 2015.12.03 2015고단682
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 a car in a SP area.

At around 18:05 on April 26, 2015, the Defendant continued four-lane roads in front of the erogroid distance from the MaakIC to the Maak-si Busan Metropolitan City Busan Metropolitan Government Complex, at the speed of about 30 km each hour from the MaakIC to the Maak-si Complex.

At that time, the Defendant had a duty of care to prevent accidents in advance, such as making the victim D drive a E-frequency car prior to the same direction followed by the victim D's driving, and thus, the Defendant had a duty of care to prevent accidents in advance, such as ensuring safety distance to avoid the stopping of the said vehicle when the said vehicle stops.

Nevertheless, the defendant neglected this and found it late to stop the above SP motor vehicle due to negligence in close vicinity to the above SPP motor vehicle, and applied a rapid operation measure. However, the defendant did not stop the above SP motor vehicle but received the behind part of the above SPP motor vehicle due to the front part of the above SPP motor vehicle operated by the defendant.

As a result, the Defendant suffered from an injury to the sculatory base, etc. that requires treatment for about two weeks by the above negligence, and at the same time, the Defendant, as a driver of the sculp car owned by the victim, failed to immediately stop the car and take necessary measures, such as providing relief to the victim, even though the repair cost is to the extent equivalent to KRW 632,00, such as the exchange of sculs.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. The actual condition survey report;

1. On-site photographs, photographs of damaged vehicles, and on-site photographs of the vehicle at the time of the accident;

1. Application of Acts and subordinate statutes to medical certificates, certificates of entry and discharge, and requests for insurance repair expenses;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 of the Road Traffic Act concerning criminal facts.

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