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(영문) 광주지방법원 2013.07.01 2013고단1073
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in driving service of C Trate Motor Vehicles.

On January 22, 2013, the Defendant driven the said car at a speed of about 30 kilometers per hour from the front side of the new intersection in Seo-gu, Seo-gu, Seo-gu, Gwangju to drive the said car at a speed of about 0 kilometers per hour from the front side of the new intersection in Seo-gu, Gwangju to drive the said car at a speed of about 0 kilometers per hour.

However, there is an intersection where signal lights are installed at the front door, and at the same time, there was no good view to the front door door door door door door door door door door door door door door door door door door door door door door, and in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident from occurring.

Nevertheless, the Defendant neglected this and proceeded as it was while driving the vehicle at the victim D(58 years old) who was in the atmosphere of the signal, and received the back part of the vehicle E-Wood by the victim D(58 years old).

Accordingly, the Defendant suffered injury to the brain-dead, etc. requiring medical treatment for about two weeks, and attempted to escape without taking necessary measures, such as providing relief to the victim on the spot, even though the interests of the Defendant, such as the exchange of the back-furged vehicle with the back-furged vehicle, are damaged to the extent equivalent to KRW 1,111,909, such as providing relief to the victim on the spot.

Summary of Evidence

1. Partial statement of the defendant;

1. D's legal statement;

1. Application of each Act and subordinate statute to include a survey report, a diagnosis report, and a quotation;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, 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 Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reasons for sentencing under Article 62(1) of the Criminal Act are favorable.

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