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(영문) 광주지방법원 2020.06.23 2020고단778
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 B-Wood vehicle.

On December 4, 2019, the Defendant driven the above car at around 08:28 on December 4, 2019, and driven the above vehicle at the entrance distance from the entrance of the second cycle road in the Gwangju Mine-gu C, and made it left to the left at the second cycle from the luminous intersection.

At all times, since traffic control is an intersection by signal apparatus, the defendant engaged in driving of the motor vehicle has a duty of care to prevent accidents, such as driving the motor vehicle in accordance with signals, etc.

Nevertheless, the Defendant neglected to make a left turn due to negligence in contravention of the signal and found out the Frocketing car driven by the victim E (hereinafter, 47 years old) in accordance with the new subparagraph at the opposite lane, and received the said part of the driver’s seat in front of the head of the rocketing and other car driving by the Defendant, which was driven by the Defendant.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc., that requires treatment for about two weeks, and, at the same time, escaped without immediately stopping the victim, even though the Defendant destroyed and damaged the property that is equivalent to KRW 885,318, such as the exchange of the front paner, and attempted to rescue the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Reports on the occurrence of traffic accidents;

1. A written diagnosis and written estimate;

1. One CCTV CD and the application of Acts and subordinate statutes to photographs;

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 destroying and damaging property);

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

1. Selection of imprisonment with prison labor chosen;

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

1. Violation of the Road Traffic Act by the defendant for the reason of sentencing in Article 62-2 of the Criminal Act.

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