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(영문) 광주지방법원 2020.10.16 2013고단4009
특정범죄가중처벌등에관한법률위반(도주차량)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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 27, 2013, at around 18:15, the Defendant driven B Poter Cargo, and proceeded at the speed of 40km from the west-gu, Seo-gu, Gwangju, to the c middle school slope, along the 4-lane between the 6-lane and the 6-lane between the 6-lane.

In order to make a left-hand turn to a person engaged in driving of a motor vehicle, the driver had a duty of care to take a right-hand turn at the intersection, and to turn to the left at the center of the road in advance along the center line of the road.

Nevertheless, the Defendant neglected to turn to the left at the same direction due to the negligence of left turn at the above intersection while driving a four-lane, and the Defendant shocked into the left right part of the E SP car of the victim D(SP, 42 years old), which was left at the same direction.

As a result, the Defendant, by such occupational negligence, committed the injury of the victim D and the victim F (15 years of age), and the victim G (14 years of age) to each of the above spak vehicles, suffered the injury of the victim H (7 years of age) and the victim I (73 years of age) who took advantage of the spak vehicle with approximately two weeks of medical treatment, and also escaped without taking necessary measures, such as aiding the victim by stopping the front part of the spak vehicle with the repair cost of about 581,148 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of H, I, F, and G;

1. Each report on actual condition;

1. Each written diagnosis and written estimate;

1. Application of each statute of examination of evidence;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the former Road Traffic Act (Amended by Act No. 14356, Dec. 2, 2016);

1. Commercial concurrence;

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