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(영문) 광주지방법원 순천지원 2019.11.28 2019고단1531

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a tXG car.

On June 30, 2019, at around 16:20, the Defendant proceeded with a road of one lane in front of the C apartment at the time of influence from D to C apartment room.

Since a place is where a central line is installed, there was a duty of care to prevent a person engaged in driving service from breaking the central line.

Nevertheless, the Defendant received the left-hand side part of the F New Daily bus driven by the injured party E (the age of 49) who had been driven by the negligence of running the central line with the central line, in front of the left-hand side part of TlaXG car.

Ultimately, the Defendant caused the injury to the victim E, such as salted tensions and tensions, etc. in detail with an unknown part for about two weeks of the above occupational negligence, and suffered injury to the victim G (52) on board the damaged vehicle for about two weeks of medical treatment, and at the same time, destroyed the bus to cover KRW 2,775,000 of the repair cost of the vehicle, such as painting, etc., and escaped on the site without immediately stopping the bus and taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. G statements;

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

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage and destruction);

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

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation of punishment under Articles 53 and 55(1)3 of the Criminal Act; the following circumstances; the Defendant’s age, character and conduct, environment; circumstances before and after the instant crime; and the details of the instant crime.