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(영문) 광주지방법원 순천지원 2019.03.22 2018고단2249
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person who is engaged in driving a ASEAN car.

On August 12, 2018, the Defendant driven the above vehicle on August 12, 2018, and led the intersection of the distance front of the D Hospital in Net City C to the E Service Center from the distance of the Ordinance.

At the time, since the passenger car of the victim F(59 years old) driving G K5 was a signal waiting at the front side of the defendant, the driver of the vehicle had a duty of care to look at the front side well and to prevent the accident in advance by accurately manipulating the brake system.

Nevertheless, the defendant neglected this and received the rear part of the victim's vehicle as the front part of the defendant's vehicle due to negligence.

Ultimately, the Defendant, by such occupational negligence, sustained from the victim F and the victim H (V, 56 years of age), approximately two weeks of injury, such as salt, tension, etc., in need of medical treatment. At the same time, even though the damaged vehicle was damaged by KRW 801,876 of the repair cost, the Defendant immediately stopped the damaged vehicle and escaped without taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement;

1. Each written diagnosis and written estimate;

1. Application of Acts and subordinate statutes governing accident site photographs;

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 the crime by applicable law;

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 favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant is against his/her wrong recognition, and the victims do not want the punishment against the defendant by mutual consent with the victims.

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