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(영문) 광주지방법원 순천지원 2019.03.22 2018고단2254
특정범죄가중처벌등에관한법률위반(도주치상)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

On October 5, 2018, around 19:35, the Defendant driven BSS 5 LPL i car and proceeded with the first line of the second two-lane prior to the “NL Recycling Center,” which is located in PPL 8 in PPL at PP time, with the C Apartment from the flat Tri distance flood room.

At the time, it was difficult for the front and the front of the road surface to flow along the night, and there was a yellow-ray central line installed in the front of the road. In such a case, the driver had a duty of care to reduce the speed and to safely drive the vehicle along the vehicle line.

Nevertheless, the Defendant neglected this and got off the center line in front of the right side and back of the sports vehicle, and then received the part in front of the front right side of the sports vehicle, in front of and back to the front side of the vehicle, from the victim D(34 years of age) who was waiting in the signal waiting at the first line of the opposite side of the road.

As a result, the Defendant, by occupational negligence, sustained injury to the above victim, such as salt, tensions, etc. requiring medical treatment for about two weeks, and at the same time, destroyed the above-mentioned vehicle owned by the victim so as to reach KRW 1,421,00, and escaped without taking necessary measures, such as providing relief to the victim, even though it was immediately stopped.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Accident site and vehicle photographs;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident);

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: criminal punishment of the defendant for violating the Road Traffic Act several times.

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