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(영문) 광주지방법원 목포지원 2019.09.06 2019고단214
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 09:53 on January 19, 2019, the Defendant driven and proceeded with D Sota or a vehicle from the Myeong-do to the Myeong-Eup from the Myeong-do at the Myeong-ri, Yongnam-gun.

At that time, there are three-distance crossings where no signal, etc. is installed, and as a person engaged in driving motor vehicles, he/she has a duty of care to protect the car line well and to prevent accidents by using the steering gear, brakes, etc. properly.

Nevertheless, the Defendant neglected to do so, and tried to turn to the left at the left-hand turn-hand turn-hand vehicle that is driven by the victim E going slowly on the front side of the Defendant’s vehicle beyond the median line, and went to the left-hand, without stopping the vehicle immediately and without stopping the vehicle in excess of approximately 6040,000,000 won, the Defendant got to the victim G, who is the front side of the Defendant’s vehicle and the damaged vehicle, with the rear side part of the Defendant’s vehicle left-hand. As a consequence of the shock, the Defendant sustained the injury of the victim E and the damaged vehicle, such as climatics and climatics, which require two-day medical treatment, and also escaped without taking measures such as aiding the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Each written diagnosis (E, G), and written estimate of general repair costs;

1. A report on the occurrence of a traffic accident, a traffic accident report, and an on-site photograph of the traffic accident;

1. Application of Acts and subordinate statutes to a report on investigation (victim's submission booms video analysis) and a report on investigation (suspects' arrest process);

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 concerning the facts constituting the crime; and

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

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;

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