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(영문) 광주지방법원 순천지원 2018.05.03 2017고단2694
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended 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 of a C-wing cargo vehicle.

On November 3, 2017, the Defendant driven the above vehicle around 17:20 on the 17:1st day of the 2017, and changed the course into a two-lane one way from the luminous IC to the west Intersection.

Since there are frequent traffic of vehicles, a person engaged in driving service has a duty of care to turn on the direction and change the direction in order to change the course of the vehicle.

Nevertheless, the Defendant neglected this and did not turn on the direction, but did not turn on the direction to the right side as it was, and the victim D (n, 48 years of age) who was driven by the two-lane, which was driven in the two-lane, and received an interim part of the victim D (n, 48 years of age), which was driven in front of the left side of the car, and the front even door side, etc., of the vehicle driving by the Defendant.

Ultimately, even though the Defendant suffered salt, tensions, such as brain-dead, bones, and tensions, which require two-day medical treatment to the above victim D due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding and abetting the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual condition and photographs on the scene of accidents;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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 (the point of absence of accident) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of alternative abandonment of punishment;

1. Article 53 and Article 55(1)3 of the Criminal Act (i.e., the first offender, the degree of damage, the degree of damage, and the first agreement) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

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