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(영문) 광주지방법원 2020.11.12 2020고단3240

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for one year.

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 BM5 car.

On May 27, 2020, the Defendant driven the above car on May 14:40, 2020, and proceeded to turn to the left in accordance with the two-lanes in the direction of the event distance from the two-lane in the direction of the two-lane in the two-lane.

Since there is a long distance intersection, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle at the time of entering the intersection with the driver of the motor vehicle without interfering with the operation of the other motor vehicle at the time of entering the intersection to prevent the occurrence of the traffic accident.

Nevertheless, the Defendant neglected this, while driving a narrow left-hand turn in the vicinity of the vehicle in the situation of another vehicle at the first lane, was due to the occupational negligence of narrow left-hand turn at the same direction as the Defendant’s vehicle at the first lane, and the front gate and gate part of the victim C(40 years old) driving in the same direction as the Defendant’s vehicle were shocked by the Defendant’s vehicle behind the driver’s vehicle and the gate part.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of treatment for about two weeks by occupational negligence as above, and at the same time, the Defendant escaped without immediately stopping the NAS car to the extent that the repair cost of KRW 1,874,888 was damaged, and without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report on traffic accidents;

1. Application of the Acts and subordinate statutes to a written diagnosis and damage estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Social services and.