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(영문) 광주지방법원 2014.08.14 2014고단2186
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 CPoter II cargo vehicles.

On April 17, 2014, the Defendant driving the above cargo vehicle around 19:40, and proceeded at about 30 km each hour from the side of the two east-dong of Gwangju to the four-lane road in front of the Geumho-dong.

At the time, the Defendant changed the course to one lane, and thus, the person engaged in driving of a motor vehicle has a duty of care to check whether there is no vehicle in the surrounding area, and to prevent the accident in advance by changing the lane safely.

Nevertheless, the Defendant neglected to do so and thereby, caused injury to the victim, such as salt pans, tensions, etc. in need of treatment for about two weeks in front of the cargo vehicle of the Defendant, while driving the victim D (W, 35 years old) driving on the right side of the victim D(W) driving in the same direction at the port side of the Defendant’s running in the same direction. At the same time, the Defendant attempted to stop the said vehicle without immediately stopping it with approximately KRW 1,336,238 of repair cost due to the rapid landing of the front pans, etc., while leaving the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Application of each Act and subordinate statute stated in the initial action plan for traffic accident residues, the actual condition survey report for traffic accident, a medical certificate, and a written estimate;

1. Article 5-3 (3) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures and order to provide community service;

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