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(영문) 광주지방법원 순천지원 2015.01.16 2014고단1880
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 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 a C Poter cargo vehicle.

On October 10, 2014, the Defendant driven the above cargo vehicle on October 20, 2010, and driven the two-lanes of the two-lanes, which are located on the right course of the cruise city, at the speed of 40km from the boundary of the railway playground to the long distance of 1,00km.

It is a straight line with a large traffic volume of vehicles, so there was a duty of care to prevent accidents in advance by accurately manipulating steering steering devices and brakes in order to see the front line and to ensure good traffic conditions.

Nevertheless, the Defendant neglected this and did not confirm the traffic situation at the front of the vehicle running ahead of the Defendant’s way, and received the back end part of the passenger vehicle driven by the victim D (hereinafter referred to as 48 years old) who was parked in the bend at the bend in the bend, and received the back part of the said cargo vehicle as the front part.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt and tensions that require treatment for about two weeks, and at the same time, destroyed the said car to have an amount equivalent to KRW 287,018, such as back panion exchange, and escaped without any necessary measures, such as stopping the car and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. On-site photographs;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage and destruction);

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 ( considered as favorable circumstances among the reasons for the punishment in prison);

1. The above circumstances under Article 62(1) of the Criminal Act are as follows.

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