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(영문) 광주지방법원 2018.01.16 2017고단5181

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for six 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 the duty of performing a passenger car at the B mother.

On November 4, 2017, the Defendant driven the said car in the state of drinking around 02:18, while driving the said car, and led to a two-lane of the two-lane distance intersection in front of Gwangju Northern-gu, Gwangju, the Defendant driven the said car in the direction of the Industrial Manpower Authority at about 60km in the direction of the Scientific High School.

At that time, there is a duty of care to ensure that a person engaged in driving service has a duty of care to observe the signal of the front door and to prevent accidents by driving safely.

Nevertheless, even though the Defendant neglected this and neglected to keep the signal on the front side, the part of the victim D(28 ) who was immediately driven in accordance with normal signals in the right direction of the Defendant’s driving direction was shocked by the front part of the driver’s vehicle in front of the Defendant’s driving vehicle, which was driven under normal signals.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tensions, etc. in need of medical treatment for about two weeks, and, at the same time, destroyed the damaged vehicle to have approximately KRW 11,337,867, such as repairing expenses for the panion, and escaped without immediately stopping and taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the 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 to mitigate small amount;

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

1. Protective observation and community service order;