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(영문) 광주지방법원 목포지원 2015.04.23 2014고단2013
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 engaged in the duty of driving B Costa Car.

On October 5, 2014, the Defendant driven the said car on the 19:42th day of October, 2014, and driven the two-lane road in front of the Hopopo Nong Agricultural District Office, the Seoul Metropolitan City Office for the calculation of Simpo City road, along with one-lane from the side of the public health center to the first apartment zone for the new apartment.

At the same time, since the D SP-type car driven by the victim C(32 years of age) is waiting for signal and was parked in the stop, there was a duty of care to look at the front and right side of the vehicle and to prevent the accident in advance by accurately manipulating the steering system and the brake system.

Nevertheless, the Defendant neglected this and discovered a car at the latest by the victim's driver, and instead failed to operate the steering system and operating operation system at the time, and received the part of the driver's car after driving the steering system and operation of the steering system at the time, and the part of the driver's car driving by the Defendant was the front part of the car driver's car.

Ultimately, the Defendant, by the above occupational negligence, suffered injury to the victim, such as any other light signboard that requires treatment for about four weeks, and at the same time, destroyed a car in the spati district to be damaged by the repair cost of KRW 1,500,000, and escaped without necessary measures, such as providing relief to the victim, even though it immediately stops.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes on accident site and photographs of accident vehicles;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, 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 of the Criminal Act for discretionary mitigation.

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