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(영문) 광주지방법원 2020.05.21 2020고단844
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 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 rocketing car.

On January 15, 2020, the Defendant driven the above car at around 07:15, and tried to turn to the left for the left at the distance of a shooting range. On January 15, 2020, the Defendant tried to drive the front road of the Seo-gu Seoul Building in front of the Gwangju Metropolitan Building from the D store to the E elementary school room at the speed of about 20 km between the four lanes.

Since there is a four-lane road with a large traffic volume, and there is a two-lane and left-hand turn, the defendant engaged in driving service has a duty of care to safely turn to the left by changing the vehicle into one-lane that can turn to the left in advance and by properly examining the surrounding traffic situation, and prevent the accident from spreading.

Nevertheless, the Defendant received the left turn from the three-lanes of the two-lanes of the two-lanes of the above-mentioned road by negligence, and received the part of the victim F (the age of 65)'s Gyststasi's right pent part of the instant car driving by the Defendant at the top of the left-hand part of the said car.

As a result, the Defendant, through occupational negligence above, suffered injury to the victim F and the victim H (the 29-year old passenger) by each of the following factors: (a) at the same time, the Defendant, who was in need of treatment for about two weeks; (b) did not immediately stop the said taxi, which is the victim F, even though the repair cost, such as gold, was damaged by KRW 780,646; and (c) did not take measures such as providing relief to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A statement prepared by H;

1. A report on traffic accidents and a report on actual condition;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

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 Road Traffic Act concerning the crime committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1.Article 40 of the Criminal Code of Trade and Trade.

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