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(영문) 광주지방법원 2020.11.19 2020고단4945

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

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 engaging in driving a BMW car.

On July 13, 2020, the Defendant driven the above car at around 23:10, and led the front distance intersection of the D in Gwangju Mine District C to the direction of the E market from the Gwangju Airport.

At the same time, traffic control is conducted at night and at the same time by signal apparatus, so in such cases, there was a duty of care to prevent accidents in advance by driving safely, such as driving along an intersection according to signals, etc. to a person engaged in driving duties.

Nevertheless, the Defendant neglected this and received the front part of the driver’s seat in front of the driver’s seat in the Defendant’s car, which was left left at the opposite intersection due to the negligence of entering the intersection, in contravention of the signal, and thereby, received the front part of the driver’s seat in the victim’s car.

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, destroyed damaged vehicles so that the amount equivalent to KRW 3.180,000 of repairing expenses would be damaged, and escaped without taking necessary measures, such as providing rescue to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A medical certificate;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Accident vehicles and on-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of Suspected Track and Track Images);

1. Article 5-3 (1) 2 of the Act on Special Cases concerning 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 (the point of failing to take measures after causing a loss by negligence);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act (the crimes committed after the accident) shall be more severe;