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(영문) 광주지방법원 2017.11.02 2017고단3049
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in XG by borrowing C.

On June 30, 2017, the Defendant driven the above car at around 14:50, and continued to drive the above car using a one-lane road in the direction of the gambal road in the direction of the gambal road in the direction of the gambal-dong, Seoju-gu, Gwangju Metropolitan City.

Since there is a center line of yellow solid lines, the driver has a duty of care to ensure that the driver is engaged in driving thoroughly and safely operate the car line.

Nevertheless, the Defendant neglected to do so and was driving a victim D(67 tax) (67) who was living in the opposite part of the central line due to the negligent negligence.

E The top left part of the rocketing car was the front part of the XG car.

Ultimately, the Defendant, by such occupational negligence, immediately stopped and escaped without taking measures such as aiding the damaged party, even though it was damaged to the injured party FF (67) by causing approximately two weeks of medical treatment to approximately KRW 8,665,67 of repair cost, such as the exchange of front pans, etc. on the affected vehicle, even though it was damaged to the extent that the amount equivalent to KRW 8,665,67 of repair cost, such as the exchange of front pans, etc. on the affected vehicle was damaged, the Defendant left the vehicle without taking measures such as aiding the damaged party.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. A traffic accident report (1, 2) a traffic accident report;

1. On-site photographs of traffic accidents;

1. Each medical certificate (41,42 pages of investigation records);

1. Application of the written estimate statutes;

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 (the point of non-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. Article 62(1) of the Criminal Code of the Suspension of Execution (the following sentencing amounts are significant).

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