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(영문) 광주지방법원 순천지원 2016.06.29 2015고단2683
특정범죄가중처벌등에관한법률위반(도주차량)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 a period of 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 D-port cargo vehicle.

On October 17, 2015, the Defendant driven the above cargo vehicle around 18:00, and proceeded with the first line of the Fjun-gun E in front of the Fjun-gun E in the Guedong-gun at a speed of a speed of 60km per hour from the Gue Eup to the Gue Eup Myeon.

Since there is a prior prohibition area, there was a duty of care to make a person engaged in driving of a motor vehicle not capable of driving it.

Nevertheless, the Defendant neglected to perform the above duty of care and received the part of the Defendant’s above-mentioned cargo loaded behind the right side of the said cargo vehicle that the Defendant drives in the course of overtaking the victim G (38 Do) with the top of the said cargo vehicle in the course of overtaking the said passenger vehicle beyond the center line.

The Defendant, due to the above occupational negligence, committed an injury to the victim, such as salt, tensions, etc., requiring approximately two weeks of medical treatment, and at the same time, even though the damaged vehicle was damaged to have an amount equivalent to KRW 1,492,423, such as the exchange of the front offender, the Defendant parked immediately and escaped without taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Legal statement of witness G;

1. Part of the defendant's legal statements;

1. A traffic accident occurrence report, a de facto investigation report, and evidence and photographs of the scene of the traffic accident;

1. Bluckings, video products, and video outputs of black stays;

1. Side photographs of damaged vehicles, and each investigation report;

1. Medical certificates and medical records;

1. Application of the written estimate statutes;

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 (the point of absence of measures after destruction)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 of the Criminal Act:

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