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(영문) 광주지방법원 2013.10.10 2013고단4060

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

Around 19:00 on August 10, 2013, the Defendant driven a B 1t truck, and proceeded with a road of 669-3 front of the non-child of the Gwangju Mine-gu from the lux apartment bank of the B B, and confirmed whether a non-signaling vehicle crosss by temporarily reducing the speed of the private-distance crossing without any signal, etc., and temporarily stopping it, and subsequently, due to the negligence of the victim C (33 years old) driving while neglecting the duty of care to safely proceed on the left side of the proceeding direction, the Defendant shocked the front driver of the Defendant’s vehicle of the victim E (33 years old) who proceeded to the right side from the left side of the proceeding direction by neglecting the duty of care to safely proceed, and caused the said cargo to be pushed back to the left side of the victim E’s vehicle parked in the intersection, and the Defendant was charged with the left side of the vehicle of the victim E, who was parked in the intersection. In order to escape, the Defendant followed the part of the outer wall owned by the victim.

As a result, the Defendant, by negligence in the above business, destroyed the brain salvy, etc. requiring approximately two weeks of medical treatment to the victim C, and escaped without taking necessary measures, such as providing rescue to the victim H (25 years of age) who was aboard the above cargo, by immediately stopping the part of the bridge to the victim I (25 years of age), and resulting in the victim I (25 years of age), with approximately two weeks of medical treatment. At the same time, at the same time, the victim E-car will be 2,759,156 won for repairing the said cargo, with the repair cost of KRW 2,075,50,000 for each damage to the victim E-car outside of the building to cover KRW 90,000 for repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each statement of E, H, I, and G;

1. Each written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, actual survey reports, and photographs of accident site;

1. Article 5-3 (1) 2 and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed.