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(영문) 광주지방법원 2021.01.28 2020고단4901

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for one year.

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 a person who is engaged in driving of Bmer truck truck truck trucking vehicles.

On May 4, 2020, the Defendant had a duty of care to check whether there is a vehicle, etc. directly in the opposite side and to stop to turn to the left to the intersection that can turn to the left, and to prevent the accident by properly operating the operation of the operation and steering gear. In order to turn to the left, the Defendant had a duty of care to check whether there is a vehicle, etc. in the opposite side and to stop the accident.

Nevertheless, the Defendant neglected this and neglected to turn left the front part of the above damaged vehicle due to the negligence of the victim F (31) who was driven by the victim F (31) who was on duty in accordance with the new subparagraph (31) while driving the G vehicle. The Defendant shocked the front part of the above damaged vehicle after the front part of the Defendant’s vehicle.

At the same time, the Defendant suffered brain-deads without any wife in two open for two weeks of treatment due to such occupational negligence, and, at the same time, escaped without taking necessary measures, such as aiding and abetting the damaged vehicle to obtain a total amount of KRW 9,741,092 for repairing costs, such as the exchange of floners, etc., and aiding and abetting the casualties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report;

1. Ledger of driver's licenses;

1. Application of examination certificates and written estimates of vehicles;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Act on the Aggravated Punishment, etc. of Specific Crimes, 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 (the occupation of a measure not taken after Jeju) concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Criminal Act;