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(영문) 광주지방법원 2019.07.25 2019고단800
특정범죄가중처벌등에관한법률위반(도주치상)등
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bsch Rexton car.

On September 16, 2018, the Defendant driven the said car on September 17:22, 2018, while driving the said car, the Defendant proceeded the front of the D-C road to the national highway 1 line on the luminous side.

Since there is a center line of yellow solid lines, the driver has a duty of care to safely drive the car to the driver.

Nevertheless, the Defendant got off the front part of the victim E(the age of 48) driving in the opposite direction due to the negligence committed by the center line, which led to the front part of the victim E(the age of 48) driving with the front part of the said M&5 car. The Defendant followed the said M&5 car due to its shock, which led the victim G(the age of 44) driving.

Ultimately, the Defendant, by the above occupational negligence, immediately stopped the victim E, and escaped without taking necessary measures, such as aiding victims, even though the victim I (the 50-year-old victim), who was on board the top of the operation of the said rocketing car, suffered from the second string of the two strings requiring medical treatment for about two weeks, and at the same time, damaged the amount of the repair cost of the said rocketing car, the amount of the repair cost of the said rocketing car, and the amount of the repair cost of the said PM5 car, respectively, so that each of them is destroyed to the extent of the amount of the repair cost of the said rocketing car, without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, E, and I;

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on site photographs;

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

1. Selection of imprisonment with prison labor chosen;

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

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