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(영문) 광주지방법원 2018.10.25 2018고단2830
특정범죄가중처벌등에관한법률위반(도주치상)등
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three 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 CPoter 1 ton cargo vehicles.

On April 13, 2018, the Defendant driven the above cargo vehicle around 15:00, and led to the flow of the road adjacent to the intersection of the North Yong-gu, Young-gu, Young-gu, Young-gu, Seoul at a low speed, depending on the three-lanes between the 3-lanes of the breadth and the breadth of the breadth.

It is a section in which U.S. is not permitted, and where the passage of other vehicles is frequent, so the defendant engaged in driving business should not be allowed to be a U.S., and the driver's duty of care to safely proceed with the accident without impeding the passage of other vehicles by accurately manipulating the steering gear and brakes.

Nevertheless, the defendant has been driving by the victim D(65) who had been driving in the same direction as the defendant, with the change of the lane rapidly from the three-lanes to the one-lane.

E Dump truck's dump truck's front part of the driver's seat was shocked with the load box of the above cargo vehicle operated by the defendant.

Accordingly, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to such occupational negligence, and, at the same time, did not take measures such as providing relief to the victim, even though the repair cost, such as hump lamps exchange, damaged the above dump truck by 9,217,538 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. A survey report on actual conditions;

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. Article 62(1) of the Criminal Act:

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