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(영문) 광주지방법원순천지원 2020.10.14 2020고단980
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and 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

Criminal facts

On March 30, 2020, the Defendant is a person who is engaged in driving B-II cargo vehicles. On March 30, 2020, the Defendant driven the above vehicle and driven the vehicle along the two-lanes from the middle-west road at the entrance of the small-gu Incheon Metropolitan City, which is located in the lightyang-si white road, along the two-lanes from the middle-west road.

At the time, there was an intersection in which signal apparatus was installed at night and at the front, so the driver had a duty of care to safely drive the front door and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the safe operation of the steering system

However, the Defendant did not neglect the above duty of care and did not go on the front side, and was negligent in proceeding in the same direction, and received the part behind the left side of the Dk7 car operated by the victim C (Nam, 31) who was in the atmosphere of the same direction at the same two-lanes of the same direction, and received the part behind the right side of the said Poter II.

The Defendant, by such occupational negligence, suffered salt, tension, etc. of the bones of wood, which requires medical treatment for approximately two weeks, and at the same time, escaped without any necessary measures, such as aiding and damaging the said k7 car to cover KRW 2,738,869, while making it difficult to repair the said k7 car, without any necessary measures, such as aiding and aiding the victim.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police's written statement of statement C with respect to the defendant's legal statement, written investigation report on the actual condition of estimates, field photographs, report on the internal investigation (to read CCTV data on the moving routes of a vehicle for use), and investigation report (to read the black image screen in the accident scene);

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

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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

1. The defendant with reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures.

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