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(영문) 광주지방법원 2018.06.05 2018고단1493
특정범죄가중처벌등에관한법률위반(도주치상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle with lurburged by B, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Aggravated Punishment, etc. of Specific Crimes"), and in violation of

On March 28, 2018, the Defendant driven the above car on March 28, 2018, and proceeded with the first lane of the road in front of the Yangsan post office 353, Seo-gu, Gwangju, Seo-gu, Gwangju at a 353-lane, using the two-lane interview apartment room as the dives of Yangsan elementary school.

Since it is an intersection with a signal apparatus, a person engaged in driving service has a duty of care to safely drive according to traffic signals by reducing speed.

Nevertheless, the Defendant neglected this and went to the left at the opposite direction due to a direct fault in violation of the signal, and received the front part of the victim C's rocketing taxi in front of the Defendant’s above AWn-Wnn-Wn-Wn.

The Defendant, by such occupational negligence, sustained injury to the victim C, such as spawn at a spactic spawn, etc., which requires approximately two weeks of treatment, and suffered injury such as salt, tension, etc., of the species before the spawn that require approximately two weeks of treatment, and escaped without immediately stopping the said spawn while destroying the said spawn to bring about KRW 5,953,253,253.

2. On the day specified in paragraph (1), the Defendant driven a hived vehicle under Paragraph (1) in the state of alcohol alcohol concentration of approximately 0.054% at approximately 40 meters from the 32-dong community service center located in Yangsan-gu, Gwangju to the 353-ro, Seo-gu, Chungcheongnam-gu, Gwangju, to the front road of the Yangsan post office located in Gwangju-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Each written diagnosis;

1. Written estimate;

1. Application of the investigation report (the application of the above dmark formula) statute;

1. Each of the relevant Articles of the Act concerning the facts of crime;

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