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(영문) 광주지방법원 목포지원 2014.05.22 2014고단302

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 K3 car.

At around 18:45 on February 28, 2014, the Defendant parked the said car on the three-lanes in front of the Riphop, which is located in the Sinpo City, Sinpo City, in a three-lane, and changed the lane to the two-lanes, and led to the two-lanes from the 9th square.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to check and safely proceed with the safety of the course by operating the direction prior to the start of the motor vehicle and giving prior notice of change of course and by properly examining the post-on left.

Nevertheless, if the defendant neglected this and did not confirm well the rear side, the defendant did not discover the victim C (the 47-year-old driver) driving a two-lane in the same direction, and caused the victim to go beyond the floor by taking the front part of the victim's ozone part after the left side of the vehicle of the defendant.

The Defendant, by occupational negligence, sustained injury to the injured party, such as external cerebrovascular transfusion, which requires treatment for about six weeks, and at the same time, escaped without stopping the injured party to take necessary measures, such as providing relief to the injured party, even though the injured party’s repair cost, such as repairing the 2,040,000 won, such as repairing the pans.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual conditions, the scene of the accident, and photographs, such as shocking parts of the accident vehicle;

1. A medical certificate;

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, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62(1) of the Criminal Act (hereinafter referred to as the following reasons for sentencing) is suspended.