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(영문) 광주지방법원 2021.02.05 2020고단6037
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

1. On October 26, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (do Governor's Violation of the Road Traffic Act), violation of the Road Traffic Act (hereinafter referred to as the "Act"), and the Road Traffic Act, driving a strawing car around 22:25 Oct. 26, 2020, while driving a strawing car at around 55 stun, etc., Gwangju Northern-gu, in the high-speed direction from the new direction, driving at a speed below the speed of one lane among the three-lanes in the direction of the new direction. In such a case, a person engaged in driving a motor vehicle shall not drive a motor vehicle at a speed or in such a manner as to inflict any danger and injury on other persons according to the road traffic situation and the structure and performance of the motor vehicle, and has a duty of care in advance to ensure the safe operation of the motor vehicle by reporting the traffic situation well and prevent accidents in advance.

Nevertheless, the Defendant neglected this and failed to properly drive the front-way and failed to turn to the left at the first-lane, and the part of the victim C(Y, 22 years old) who stopped the signal waiting to turn to the right at the right-hand turn was shocked with the front-hand part of the Defendant driving vehicle.

As a result, the Defendant suffered injury to the victim E (the remaining and the age of 22) who is the passenger of the above victim C and the damaged vehicle, respectively, for about two weeks of medical treatment, and at the same time, the Defendant destroyed the damaged vehicle to the extent of the amount equivalent to KRW 3,702,470, and escaped without taking measures such as providing rescue to the victims.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) was a person holding B rocketing car; (b) operated the said car without mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C, E, and F;

1. A survey report on the actual condition (B);

1. Each written diagnosis;

1. (D) Electronic data of estimates (D) shall be subject to the law applicable to reports (including the process of receipt and initial investigation) on internal investigation of photographs at the scene of the incident.

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