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(영문) 광주지방법원 목포지원 2013.07.25 2013고단866
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant is a person who drives a bus in Ireland.

On May 10, 2012, around 02:20 on May 10, 2012, the Defendant: (a) cut up two-lanes in and near the Yacheon-si, “Yacheon-si,” and was proceeding along the two-lanes of the Yacheon-si, the Defendant did not find out the victim D (30 years of age) located on the crosswalk at the right side of the progress direction due to occupational negligence, which does not thoroughly look at whether there is any person walking along the crosswalk under the influence of alcohol, and did not find out the victim D (30 years of age) due to the front part of the Defendant’s driver’s above flick-si, which was parked in the right side of the road, and used it on the road, after facing the victim’s H level owned by G, and followed the car by the driver on the road.

The Defendant, as a result, caused the victim D to suffer from an external cerebrovascular surgery that requires approximately six weeks of medical treatment, and at the same time, did not take measures such as providing relief to the victim while destroying and damaging the said new franchise XG car owned by the victim E in an amount equivalent to KRW 2,950,000.

Summary of Evidence

Application of the law to the defendant's legal statement, each police statement to I/E, G police statement, actual investigation report, accident photograph, diagnosis report, and written estimate

1. Evacuation after occupational injury resulting from the pertinent legal traffic accident regarding the crime: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act: Articles 148 and 54 (1) of the Road Traffic Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. The defendant's negligence of the reason for sentencing the alternative sentencing of a sentence of imprisonment is severe, and the victim D's injury is serious, and the victim's life is serious, even if the victim's traffic accident was committed, and the victim's life is at risk, and the escape life is committed until the arrest is taken on June 17, 2013 by arrest warrant.

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