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(영문) 광주지방법원 2019.02.12 2018고단4770
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car Brosp car.

On October 20, 2018, the Defendant driven the above car on October 18:15, 2018, and led the front of the Dsung located in Gwangju Seo-gu to the F apartment zone from the side of the E apartment.

At the time, the Defendant’s car was entering the said intersection, and the victim G (n.e., 38 years old) entered the said intersection and is proceeding to the right side on the left side of the Defendant’s front side. In such a case, a person engaged in driving of a motor vehicle had a duty of care to prevent accidents in advance by driving the motor vehicle safely by driving the motor vehicle safely by driving the motor vehicle on the front side and right side.

Nevertheless, the defendant neglected this and did not look at the right side and left side, and did so to enter the above intersection as it is, the defendant's vehicle left side side of the victim's passenger vehicle.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the victim, such as salt, tension, etc. of a string that requires treatment for about three weeks, and, at the same time, escaped from the site without immediately stopping and taking necessary measures, such as providing relief to the victim, even though the Defendant damaged the victim’s 2.0 diesel car to repair cost of KRW 10,098,90.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition survey report;

1. Photographs of the accident site;

1. A medical certificate;

1. Application of the written estimate statutes;

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

1. Imprisonment with prison labor chosen;

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