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(영문) 광주지방법원 2019.06.11 2019고단1093
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving Category B motor vehicles.

On March 16, 2019, at around 23:37, the Defendant left the intersection in front of the “D Licensed Real Estate Agent” located in Gwangju Northern-gu C at a speed of 20 km speed per hour from the high-tech two sides to the E kindergarten room.

At the same time, there is an intersection where signal lights and the left-hand turn turn turn are installed, and the victim F of Madle is directly promoted from the g elementary school to the 2th air of high-tech area in front of the opposite part of G elementary school, and in such a case, the defendant engaged in driving of the motor vehicle has a duty of care to view the situation of driving direction, to accurately operate the steering system, brakes and other devices of the motor vehicle, and not to drive the motor vehicle in such a way as to cause danger and harm to others.

Nevertheless, the defendant neglected to turn to the left without neglecting this, and had the victim go to the ground after receiving the left-hand side of the above vehicle from the front of the vehicle.

At the same time, the Defendant, by negligence in the course of performing such duties, suffered from the fright 4 weeks of the right side, which requires approximately four weeks of medical treatment, and at the same time escaped without immediately stopping and taking measures such as providing relief to the victim, even though the Defendant damaged the repair cost of 1,198,80 won, such as Bolar, etc., to the right side of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Report on the occurrence of a traffic accident;

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, and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the destruction of property) concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act, each of the above crimes, and the punishment is heavier.

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