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(영문) 광주지방법원 순천지원 2018.05.11 2018고단474
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 a period of 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 BM5 car.

On February 13, 2018, the Defendant driven the above car at around 19:10, and continued to drive the above car at around 164-lane 164, which is located on the south west west-ro, Namcheon-si, in accordance with the south west-ro 1,00-lane 1,000, from the offside of gold apartment to the south west-do elementary school.

At the time, the DNA car driven by the victim C (n, 35 years old) was stopped in accordance with the stop signals, so in such a case, the driver had a duty of care to accurately operate the steering and operating the steering gear by accurately manipulating the steering and operating the steering gear by making it possible for the driver to look at the trends of the front vehicle and maintaining the safety distance.

Nevertheless, the Defendant neglected to do so and went through as is, by negligence, got the rear of the said SM3 car at the front end of the said SM5 car, and caused the front end of the said FM3 car to be driven by the victim E, who was stopped at the front end of the FM3 car due to the shock.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim C, such as the mouth of the Haak pel and other parts that need to be treated for about four weeks, and at the same time, destroyed the Rad car so that the repair cost of KRW 1,953,928, such as the exchange of the back 1,953,928, and escaped without taking necessary measures, such as aiding the damaged party by stopping the vehicle immediately and saving the damaged party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. A survey report on actual conditions;

1. A written diagnosis and written estimate;

1. Application of traffic accident evidence examination and photographing statutes;

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 concerning the crime;

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

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