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(영문) 광주지방법원 2019.06.13 2019고단785
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a motor vehicle B.

On January 29, 2019, the Defendant, without a driver’s license on January 10:25, 2019, driven the said car and proceeded at a speed of about 60 km per hour, depending on the two-lanes from the side of the main intersection to the territorial sea of the flow of light-line intersection in the Yeongsan River, Seomjin River.

Since there is a three-dimensional intersection where signal lights are installed, the driver of the motor vehicle has a duty of care to safely proceed in accordance with the signals instructed by signal apparatus.

Nevertheless, the Defendant neglected this and received the left part of the penter part of the Dworket No. 3, which was driven by the injured party C (the 61-year-old) who was going to turn to the left from the direction of the mast class from the direction of the mastal intersection by negligence in contravention of the stop signal.

Ultimately, the Defendant by occupational negligence inflicted injury on the above victim C, such as erode, tensions, etc. on the front trokes, tensions, etc. of the light that requires approximately two weeks of medical treatment, and suffered injury to the victim E (the age 42) boarding the top rings of the said rocketing car, which requires approximately two weeks of medical treatment, and escaped without taking necessary measures, such as immediately stopping the said rocketing car in order to cause approximately KRW 1,821,119 of repair cost, and providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Report on internal investigation (receiving a medical certificate);

1. Receipt of written estimates for an investigation report;

1. Application of the statutes on the register of driver's licenses;

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 (the point where measures are not taken after the accident), and Article 5-3 (1) of the same Act concerning the crime in question.

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