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(영문) 광주지방법원순천지원 2020.10.16 2020고단910
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

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-in Vehicle) and the Road Traffic Act (Non-accident after Accidents) are those engaged in the operation of Bhnd-purd vehicle

On January 8, 2020, the Defendant driven the above vehicle at around 23:40, and proceeded with the second line of D in front of D in C at the time of leisure, from the surface of the water-water explosive distance to the summer-ri side.

At the time, night and a place where a center line is installed, so in such cases, there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the whole-time and safely.

Nevertheless, the Defendant got over the center line to overtake the victim E-driving without registration of the victim E-driving in the front direction, and escaped without immediately stopping to take necessary measures, such as providing rescue to the victim, while receiving approximately 35 days of medical treatment from the left side part of the above vehicle as the front side part of the front side of the above vehicle. At the same time, the Defendant got injured of the victim, who is in need of medical treatment for about 1,810,000 won of the repair cost, and tried to stop immediately.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving a vehicle B, without a driver’s license, at the time and place set forth in paragraph 1, as stated in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. The actual condition survey report;

1. An accident site photograph;

1. Registers of driver's licenses;

1. A fire-proof report (as to the verification of CCTV images around the scene of an accident);

1. As to the report on internal investigation (as to the specification of the sea-going vehicle):

1. A report on internal investigation (as regards the specification of the driver of a sea-going vehicle);

1. A report on internal investigation (as to attachment of a victim's diagnosis report)

1. Application of Acts and subordinate statutes to report internal investigation (limited to attachment of a quotation for damage;

1. Aggravated punishment of specific crimes provided for in the corresponding Article of the Criminal Act.

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