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(영문) 광주지방법원 2018.04.10 2018고단87
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Cwing and one ton cargo vehicle.

On November 9, 2017, the Defendant driving a above cargo vehicle around 17:45, and driving a two-lane of the two-lane in front of the Agricultural Technology Center 1481, a white paper in Young-gun, Nam-gun, Seoul, along the two-lanes of the two-lanes in front of the Agricultural Technology Center.

There is a place where the center line of yellow solid lines is installed, so if it is likely to obstruct the traffic in the opposite direction to a person engaged in driving service, there was a duty of care to avoid driving ahead of the center line.

Nevertheless, the Defendant neglected this, while driving the victim D(73) motor vehicle E 108c motor vehicle driving on the front side to overtake the bicycle, and discovered the motor vehicle from the center to the opposite line, and received the part of the victim D's left part on the right side of the cargo vehicle due to the negligence of returning the cargo to the front line.

As a result, the Defendant, by such occupational negligence, stopped the victim D with injury to sugars that there is no room for approximately 2 weeks in open medical treatment for the victim D, suffered injury to the victim F (n, 73 years of age) who was accompanied by the motor device bicycle, after requiring approximately 8 weeks of medical treatment for the victim F (n, 73 years of age). At the same time, even though the Defendant damaged the motor bicycle to the repair cost of KRW 783,00, the Defendant immediately stopped the motor device and escaped without taking measures such as aiding the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Partial statement of witness G;

1. A survey report on actual conditions;

1. Accident scene and vehicle photograph;

1. Accident video CDs;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act concerning criminal facts (the act of escape after occupational injury and injury) (the act of escape after occupational injury).

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