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(영문) 전주지방법원 2017.05.16 2016고단2494
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is also a person who is engaged in driving a sports car even.

On November 11, 2016, the Defendant driven the above car at around 16:20 on a day, and driven the road in front of the Southern Yellow Zone apartment in the Yansan-gu Seoul Special Metropolitan City, Jeonju-si, without ensuring a safe distance, while driving the road from the edge apartment street to the efficacy square at the right edge of the Yan apartment. By negligence, the Defendant, while driving the vehicle in front of the victim C (the 60-year-old) who was stopped in the same direction, while driving the vehicle in the same direction at the right edge, led the victim C (the 60-year-old driver)'s back part of the driver's license for the signal waiting, and led the Defendant to the rear part of the victim E (the 32-year-old driver's license) who was parked in the vehicle in front of the vehicle in front of the air.

As a result, the Defendant caused the above occupational negligence, thereby causing injury to the victim C, such as salt, tensions, etc. of the verte bones, which requires approximately two weeks of medical treatment, and suffered injury to the victim E, such as salt pane, tensions, and tensions which require approximately three weeks of medical treatment, and at the same time, damaged the above EXE car in an amount equivalent to KRW 847,548 of repairing cost, but the Defendant immediately stopped the said EXE car and escaped without taking measures such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 5-3 subparag. 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 (the point of failing to take measures after the accident)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The Criminal Act, the suspension of execution;

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