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(영문) 광주지방법원 2013.06.13 2013고단1690
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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 engaged in driving a B-to-pur vehicle.

On April 8, 2013, the Defendant driven the above car at around 05:30 on April 8, 2013, driving the car and driving the four-lane road from the front side of the Dong-gu, Gwangju, according to three-lanes from the without stadium to the luminous intersection, and changed the lane.

In such a case, there is a possibility of conflict with the vehicle that will pass first, so a person engaged in driving of a motor vehicle has a duty of care to operate a direction direction, etc. to give notice of change of course, and to change the vehicle line in order to make a good look at the traffic situation of the front and rear left.

Nevertheless, the Defendant neglected to do so and entered a two-lane, and due to the negligence of entering the two-lanes, the Defendant received the front part of the Dbendor's right side of the car driven by the victim C(50 years of age) who drives normally in the two-lanes of the horse.

Ultimately, the Defendant, due to the above occupational negligence, suffered from a spawal spawal, etc. requiring treatment for about two weeks, and at the same time, even though the repair cost of KRW 884,400, such as the exchange of the preceding spawal, destroyed the said spawn or car owned by the victim, she immediately stopped and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. An accident-related photograph;

1. Medical certificate (Evidence No. 11);

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

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