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(영문) 전주지방법원 남원지원 2017.12.19 2017고단228

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The punishment of the accused shall be determined by six months of imprisonment.

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Crane car.

On September 12, 2017, the Defendant driven the above car at around 20:48, and came to turn to the left from the king of the modern apartment at the intersection of the intersection of the E-cafeteria located in the Namwon-si, Namwon-si.

At the time, since it is night and there is no signal at that time, there is a duty of care to thoroughly see the front side and the left and the right of the driver of the vehicle, and to safely enter the intersection before entering the intersection and turn to the left.

Nevertheless, the Defendant neglected to do so and went to the left at the intersection as it is, and by negligence, went to the right from the left side of the Defendant’s running direction, brought to the right side of the Defendant F.(32 ) drive G G G G G G franchises, which is driving on the right side of the Defendant’s running direction.

As a result, the Defendant, by such occupational negligence, sustained injury to the victim, such as salt and tensions that require approximately two weeks of treatment, and, at the same time, escaped without taking necessary measures such as providing relief to the injured party by stopping immediately, even though the Defendant destroyed and damaged the repair cost of approximately KRW 2,849,329 (excluding value added tax), such as exchange of the same spread, etc. (excluding value added).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Each report on investigation;

1. Application of the actual condition survey report, vehicle photographs, diagnosis certificate, and written estimate under the 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 (see, e.g., Articles 53 and 55(1)3 of the Criminal Act).