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(영문) 광주지방법원 2018.12.11 2018고단3075

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for six 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 engaged in driving a rocketing car.

On April 5, 2018, the Defendant driven the above car at around 08:34, and driven the front road of the D pharmacy located in Gwangju Northern-gu C along the one-lanes of the three-lanes from the shooting distance to the Western distance. The Defendant changed the course to the two-lanes.

In this case, a driver who intends to change his course has a duty of care to safely change the lane and prevent accidents by accurately operating the steering direction and brake system.

Nevertheless, the Defendant neglected this and went away without taking necessary measures, such as aiding and abetting the damaged vehicle, even though the victim E (33) who had changed the course from the three-lanes of the same room to the two-lanes. The Defendant got the left side part of the F Spacking passenger car driven by the victim E (33 ) with the right part of the Defendant’s vehicle and suffered injury, such as the “finites and tensions of the chills requiring approximately two weeks medical treatment,” and at the same time, damaged the damaged vehicle to repair 22,924 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A survey report on actual conditions;

1. Photographs related to accidents;

1. Written estimate;

1. A medical certificate;

1. Application of CD-related Acts and subordinate statutes

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection and the order to provide community service, Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, the legal statement of the victim for the determination of the issues;