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(영문) 광주지방법원 2015.04.30 2015고단331
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That 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 non-stop motor vehicle.

On January 23, 2015, the Defendant driven the said car at a level of 04:02, while driving the said car, led to the advanced course of Gwangju Mine to the advanced course of the Gu of Gwangju, and led to the passage of the road next to the KAIST from the middle distance of the Asia to the third-lane of KAIST.

At the time, the bicycle driven by the victim E (73 years old) was in progress on the front side of the defendant at that time, there was a duty of care to look well at the front line, accurately manipulate the steering wheel and brake system to maintain the safety distance with the above bicycle and proceed.

Nevertheless, the defendant neglected to discover and drive the above bicycle in close vicinity without finding it, and caused the victim to go beyond the road by taking the back wheel part of the above bicycle as the front wheel part of the vehicle's right side.

Ultimately, the Defendant suffered injury to the victim, such as a cage cage cage cage, etc., which requires approximately six weeks of medical treatment due to the above occupational negligence, and at the same time, the Defendant destroyed the above bicycle so as to have an amount equivalent to KRW 80,000, such as back qui exchange, and escaped without immediately stopping the bicycle, and without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of the actual condition survey report, on-site photographs of traffic accidents, and vehicle photographs, diagnosis certificates, and written estimates under statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 of the Road Traffic Act, and Article 54 (1) of the former Road Traffic Act (Amended by Act No. 12343, Jan. 28, 2014);

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

1. Selection of punishment and limited imprisonment;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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