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(영문) 광주지방법원 2014.12.18 2014고단3986
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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 who is engaged in driving of a C Poter cargo vehicle.

At around 07:25 on September 12, 2014, the Defendant driven the said cargo vehicle at a point 54.4 km from the right side of the Defendant’s driving vehicle on the west-gun, Chungcheongnam-gun, Chungcheongnam-gun, and continued to run at the right side of the Defendant’s driving vehicle, the Defendant: (a) was negligent in the course of business that driven the expressway beyond the central line, and (b) was driven by the victim D (25 years old) driving on the opposite direction; (c) was driven by the victim D(25 years old); (d) was driven by the Defendant’s vehicle on the right side of the damaged vehicle on the road; and (e) was driven by the victim F.F. (54 years old) driving on the right side of the vehicle after the front side of the Defendant’s driving vehicle.

Ultimately, the Defendant by occupational negligence inflicted an injury on the victim D, such as salt scams, etc. requiring approximately two weeks of medical treatment, and at the same time, damaged the said rocketing vehicle by causing approximately KRW 4,588,328 of repair cost, suffered an injury to the victim H (the 56 years old) who was on board with the F of the victim and the above scams for two weeks of medical treatment, and at the same time, damaged the said scams vehicle by causing approximately KRW 823,638 of repair cost, but did not immediately stop and take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. A traffic accident report (1) (1)

1. Application of each written diagnosis and written estimate under the Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act (the point of view of failing to take measures after an accident) concerning the crime under the corresponding provision of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Taking lectures and community service orders under the Criminal Act;

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