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(영문) 광주지방법원 2013.11.28 2013고단5107
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for six months.

except that 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 engaged in driving a observer car B.

On September 26, 2013, the Defendant driven the above car at around 15:40 on September 26, 2013, and turned down one-lane road in front of the Nung River Village located in the Pungyeong-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, from the south Pyeong-gu, to the North Pyeongyeong-gu.

Since the above road is one lane, and the village entrance, in such a case, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle by accurately manipulating the front door and the left door and the left door, and accurately manipulating the steering direction and the brakes.

그럼에도 피고인은 휴대전화 통화를 하다가 전방주시의무를 태만히 한 과실로, 마침 진행방향 우측 갓길에 피해자 C(77세)이 앉아 있는 손수레를 뒤늦게 발견하고 위 승용차 오른쪽 앞부분으로 위 손수레의 왼쪽 뒷부분을 들이받아 그 충격으로 손수레와 피해자를 도로 오른쪽 배추밭으로 튕겨 나가게 하였다.

The Defendant caused the above traffic accident and caused the victim to suffer approximately four weeks of medical treatment, but immediately stopped and went away from the scene without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on C and D;

1. Descriptions of the actual survey report and the medical certificate (E hospital);

1. Application of each image statute of each traffic accident, evidence and photograph;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentence of the suspended sentence under Article 62(1) of the Criminal Act is to be sentenced in consideration of the following factors: (a) the degree of injury inflicted on the victim by the instant case is not less and less than that of another person at the time of the accident; and (b) the further damage may have been inflicted.

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