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(영문) 제주지방법원 2016.04.29 2016고단311
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 a period of 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 CTrack Track.

On January 6, 2016, the Defendant driven the above vans around 18:36, and driven the three-lanes of the “E pharmacy” in Jeju City, along with the three-lanes of the said road from the side of the “maro-distance” to the “Ss Central Hospital.”

At night, the passage of the vehicle is frequent, so in such a case, the driver of the vehicle has the duty of care to safely drive the vehicle by checking whether there is another vehicle entering the intersection and having been another vehicle entering the intersection.

Nevertheless, the Defendant, while proceeding to the “Es Central Hospital” on the side of the “Escur apartment complex,” was the victim F ( South, 36 years old) who was at the left-hand turn from the “Escurged apartment,” and did not discover the G Apurg-purg car, and received the front part of the said car in front of the said passenger car.

Ultimately, the Defendant caused the injury to the victim F by his occupational negligence to the victim F, such as salt, tensions, etc. of the clife in which the two-day medical treatment is required, and the victim H ( South and the age of 25) who was on board the said vehicle together with the said vehicle suffered from the injury of the clife, tensions, tensions, etc. of the clife in need of medical treatment for about two weeks, and also escaped without taking necessary measures, such as providing relief to the victim F by immediately stopping the said vehicle, even though it damages the repair cost of KRW 1,496,108.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. A survey report on actual conditions;

1. Relevant photographs;

1. Written estimate;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148 and 54 (1) of the Road Traffic Act (the point of absence of measures after an accident);

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Reduction: Reduction;

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