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(영문) 광주지방법원 2017.01.12 2016고단4908
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 of a Party B’s car.

On October 1, 2016, the Defendant driven the above car at around 00:17, and led to the shooting distance in front of the D Hospital located in Gwangju Mine-gu C, and led directly to the two-lanes of the new Chang-dong community service center at a speed that cannot be identified depending on the two-lanes among three-lanes.

However, since it is an intersection where signal apparatus is installed, there was a duty of care for a person engaged in driving service to reduce speed and drive safely according to signals.

Nevertheless, the Defendant, without disregarding the stop signal, was unable to avoid the victim E (53 years old) driving a FK5 taxi to turn to the left according to the new subparagraph to the direction of the center for the residents of the new-dong, which is the same side as the running direction of the 5th apartment house in the left side of the road in the direction of the moving direction while the Defendant entered the intersection as it is, without facing the stop signal. The part on the side of the driver's seat of the 5-si car operated by the Defendant was also a even part of the 5-si driving seat of the said Hagu car, which was parked in the direction of the moving direction while being pushed into the intersection. The Defendant received the front driver's seat, even and the pent part of the Hachip car, which is the part of the victim G-owned by the Defendant, who was parked in the direction of the moving direction.

As a result, the Defendant suffered injury to the victim E, such as cutting off at the lower end of the right frame, which requires approximately four weeks of medical treatment, and at the same time, destroyed K5 taxi so that the repair cost equivalent to a total of KRW 1,732,784, such as Hyd Exchange, etc., and escaped without taking necessary measures, such as destroying the franchiseer vehicle and stopping the vehicle immediately and aiding the victim E, so that the repair cost equivalent to a total of KRW 779,931, such as the replacement of front door, can be seen as repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. G statements;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of each written estimate statutes;

1. Aggravated punishment of specific crimes provided for in the corresponding Article of the Act regarding criminal facts.

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