(영문) 광주지방법원 순천지원 2013.11.13 2013고단1125

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(영문) 광주지방법원 순천지원 2013.11.13 2013고단1125

특정범죄가중처벌등에관한법률위반(도주차량)등

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

On March 5, 2013, at around 03:00, the Defendant driven the CMW car and moved the front distance road of the CM department store in the Yacheon City Municipal Ordinance-dong from the direction of municipal ordinances to about 70 km in the speed of 5 lanes from the direction of municipal ordinances.

At the time, there is an intersection where signal lights are installed at night and at the front, there was a duty of care to prevent accidents by reducing the speed and operating the steering and brakes accurately.

Nevertheless, the Defendant neglected this and left the lane as it was by negligence bypassing it from the four-lanes, and received the front part of the Defendant’s front part of the road signal at the left-hand crosswalk.

As a result, the Defendant, who was on the top of the steering force as above due to occupational negligence, sustained injury to the victim D (the age of 30) who was on the top of the left-hand slope in need of approximately 13 weeks of medical treatment, and, at the same time, escaped without taking any measures, such as destroying the signal, etc. of the crosswalk to the extent that the repair cost would be approximately KRW 6.5 million, and aiding the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident (one report);

1. A medical certificate (D);

1. Determination on the assertion by the Defendant and the defense counsel regarding the construction cost for signalling etc.

1. The summary of the argument is that the defendant was placed on the floor by leaving the victim from the vehicle to the accident, and the victim’s speech to have telephone from the victim, left the place where the accident occurred during the hedging, and was used after the accident’s shock, so the defendant did not have any criminal intent to escape.

2. The following circumstances revealed by the evidence submitted by the Prosecutor, i.e., the victim immediately after the traffic accident.

유사 판례

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-광주지방법원 순천지원 2014.04.22 2014고정84

-광주지방법원 순천지원 2012.12.27 2012고단2974

-광주지방법원 2017.08.10 2016구단11066