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(영문) 춘천지방법원 원주지원 2016.07.19 2016고단476
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 motor vehicle by borrowing B.

On April 24, 2016, the Defendant driven the above vehicle at around 18:32, and proceeded with a three distance in front of the supervision church of the Taeju-ro 261 (Tundong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si.

There is an intersection where traffic has been controlled by signal apparatus, and the victim C(67 years) is driving at the time, since CA car was stopped due to the signal waiting in front of the defendant's running direction, there was a duty of care to prevent the accident by accurately manipulating the front and left and right of the driver of the vehicle, and to prevent the accident.

Nevertheless, the Defendant neglected to do so and neglected to do so and thereby received the back part of the Defendant’s vehicle C driving with the front part of the Defendant’s vehicle.

Ultimately, the Defendant got the victim C and the victim E (the age of 38) who was on the c car in the above c car due to the occupational negligence, to receive approximately 3 weeks of medical treatment, respectively, and the above c car also did not immediately stop the c car to the extent that it damages the repair cost equivalent to KRW 357,818 and runs away without taking necessary measures, such as providing relief to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (to hear statements from a victim by telephone and report);

1. Reporting on the occurrence of a traffic accident, reporting on a traffic accident (1) (2) (2) and photographs of an accident vehicle;

1. Investigation report (Attachment of black stuffs and images);

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 54 (1) of the Road Traffic Act concerning the crime (a point of absence of measures after an accident) of the relevant Act;

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

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