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(영문) 광주지방법원 목포지원 2018.04.06 2017고단1511

특정범죄가중처벌등에관한법률위반(도주치상)

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 a person who is engaged in driving of a BA6 car.

On September 22, 2017, the Defendant driven a car at around 02:38, while driving the car at around 02:38, the Defendant proceeded two lanes of the three-lane road in front of the D store in the Mapopo City C, with the area of the offside apartment.

At the time, an intersection is installed with a signal apparatus at night, and a yellow flickering, etc. is operated, so in such cases, the driver of the motor vehicle has the duty of care to safely drive the motor vehicle to prevent accidents in advance by safely driving the motor vehicle, such as viewing the front side and the right and the right and the right and the right and checking the motor vehicle that has entered in advance.

Nevertheless, the Defendant neglected this and did not discover the FF free car of the victim E driving which entered in advance without driving it, and was negligent in driving it as it is, the part of the Defendant’s vehicle E driving seat, which led to the lower part of the passenger car driving seat.

Ultimately, even though the Defendant had the victim E and Dong passengers by occupational negligence as above, and the victim G suffered injuries such as salt, tension, etc. in each of the 2 weeks medical treatment, the Defendant immediately stopped and escaped without taking measures, such as aiding the damaged person.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police for E;

1. A traffic accident report (1) a actual survey report;

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

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime as prescribed in the corresponding Act;

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 to mitigate small amount;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act for protection observation and community service order cause traffic accidents.