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(영문) 광주지방법원 목포지원 2018.05.18 2018고단192
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 B Poter cargo vehicles.

On February 16, 2018, the Defendant driven the above cargo vehicle around 18:25, and led the Defendant to proceed along one-lane between the two-lanes in the direction of "eline", along the lower-priced road located in 19 ri-ri-ri-ri-ri-ri-ri-ri-ri-ri, in the direction of "eline".

Since there is a white solid line, in such cases, a person engaged in driving of a motor vehicle shall not change the lane, and even if the lane is changed, there was a duty of care to safely change the lane and prevent accidents.

Nevertheless, the Defendant neglected this and changed the two lanes to a two-lane while driving the same direction, and due to the negligence that failed to properly examine the two-lanes in the same direction, and was driven in the two-lane by the victim C (38 years old) who driven in the two-lane, the left part of the DK5 taxi driving by the Defendant as the front side of the vehicle driving by the Defendant.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim C, such as sugars without any wound in two open fields where approximately two weeks medical treatment is required, and suffered injury to the victim E (26 taxes) who is the passenger of the said taxi, such as clocks and tensions that require approximately two weeks medical treatment, and at the same time, went away without taking necessary measures, such as providing relief to the victims, even if the said taxi was damaged to move up to 7,292,756 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A E-document;

1. Application of Acts and subordinate statutes to an accident scene photograph, each medical certificate, and quotation;

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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