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(영문) 광주지방법원 목포지원 2018.11.16 2018고단774
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of a sentence shall be suspended for 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 Bchip motor vehicles.

On June 14, 2018, around 23:55, the Defendant driven a motor vehicle at a two-lane road near the west of the Hamnan-gunn Fence at the parallel of the Bridge at the parallel of the two-lanes in the parallel of the Hamnan-gun, Chungcheongnam-gun. The Defendant was in the speed of about 100km each hour.

At the time, since it is night and is an expressway, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating steering devices and brakes.

Nevertheless, the Defendant neglected this and failed to properly operate a steering gear while driving a stroke, thereby posing a risk of shocking the center of the left side, and due to the negligence of operating the steering gear to the right side in order to avoid this, the part of the driving seat of the D Poter, which was driven by the victim C while driving a two-lane, was shocked into the top part of the driver's car.

Ultimately, the Defendant, by such occupational negligence, caused the victim to suffer from an injury to the climatic salt and tension that requires approximately two weeks of medical treatment, and at the same time, destroyed the climatic cargo in approximately KRW 1,188,196 of the repair cost, and escaped without any measure such as providing relief to the injured party by making a stop.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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 (the point of absence of accident) concerning the crime;

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 reasons for sentencing under Article 62-2 of the Criminal Act for protection and observation and community service order cause a traffic accident on an expressway.

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