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(영문) 광주지방법원 2018.12.06 2018고단2045
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 a person engaging in driving a BMW car.

On April 17, 2018, the Defendant driven the above car at around 00:10, and proceeded four lanes prior to the D store in Gwangju Northern-gu C, according to the F kindergarten room from the E building room to the F kindergarten room, and became a U.S. intern.

Since there is a center line of yellow solid lines, the driver of the motor vehicle has a duty of care to observe the car line and to prevent accidents in advance by accurately manipulating the steering and steering devices of the motor vehicle.

Nevertheless, the Defendant neglected this and neglected the center line to drive the Victim G G (50 Do) parked on the road due to his negligence, and received the part of the left side of the H K7 si from the Defendant’s vehicle.

Defendant caused injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of treatment due to such occupational negligence, and at the same time, Defendant did not destroy damaged vehicles to cover approximately KRW 3,243,436 of repair cost, such as the exchange of front criminals, but did not take necessary measures, and escaped the vehicle at the scene of the accident without any necessary measures.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A survey report on actual conditions;

1. A medical certificate;

1. Written estimate;

1. On-site photographs of each accident;

1. Application of Acts and subordinate statutes as a result of viewing and listening to black stay images;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and 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 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Judgment on the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act

1. The defendant and his defense counsel shall turn on the place of damage for the police officers dispatched;

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