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(영문) 광주지방법원 2017.11.30 2017고단4801

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 engaged in driving a cuss car in B.

On August 21, 2017, the Defendant driven the above car at around 23:33, and led the two-lane road in front of the fire station in the Seo-dong Seo-gu, Seogu, Seo-gu, Seo-gu, Gwangju, to proceed along the two-lane road from the shooting distance to the arche vehicle.

At the time, there are vehicles waiting for signal signal at the front, so in such a case, the driver of the vehicle had a duty of care to see the front door well and to properly manipulate the steering and brakes so as to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and led the victim C (Woo, 24 years old) who is waiting for a signal to the front of the Cub car on the front part of the Cub car on the front part of the Cub.

As a result, the Defendant suffered from the victim C and the victim E (hereinafter referred to as the “victim”) who is a passenger of the said U.S. P. C’s car by occupational negligence as above, for about two weeks of treatment, and at the same time, did not take necessary measures such as immediately stopping the said U.S. car to ensure that the said U.S. car would be repaired for a repair cost of KRW 1,063,645, and the Defendant escaped without providing personal information to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement of traffic accident occurrence status prepared by E;

1. A survey report on actual conditions;

1. On-site inspections and photographs of accidents;

1. CCTV images;

1. Each written diagnosis;

1. Application of written estimate of general repair costs to statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning criminal facts (the point of absence of measures after an accident) under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of absence of measures after an 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 for mitigation of a small amount of punishment