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(영문) 광주지방법원 순천지원 2018.06.14 2018고단334
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 driving a vehicle B with low investment.

On January 22, 2018, the Defendant driven the above car at around 17:40, while driving the said car at a two-lane between South and North Korea, followed by one two-lane distance from the entrance of the apartment building to the inside of the apartment building.

Since the place is where the center line of the yellow real line is installed, a person engaged in driving a car has a duty of care to thoroughly operate the front line and to safely operate the car.

Nevertheless, the Defendant neglected this and was driven by the victim C(58) who was normally straight along the opposite lane due to the negligent negligence of the central line, and was driven by the victim C(58). The front part of the DM3 passenger car driving ahead of the driver’s seat of the said vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tensions, etc., in need of treatment for about two weeks, and escaped without taking necessary measures, such as immediately stopping and providing relief to the injured party while destroying and damaging the said SM3 car to cover KRW 1,925,000, such as the exchange of the front offender.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The actual investigation report on traffic accidents;

1. An accident scene photograph;

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 concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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, and the age, occupation, sex, environment, and motive and motive of committing a crime of the accused.

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