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(영문) 광주지방법원 2013.04.04 2013고단390
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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

On December 21, 2012, at around 13:55 on December 21, 2012, the Defendant driven a B rocketing car without a driver’s license, and proceeded with the shooting distance front of the ELIF, which is in the new town of Gwangju Mine-gu, with a large number of elementary schools at the seat of the old new police box.

At the time, the low speed road was down, so in such a case, a person engaged in driving service has a duty of care to safely drive the vehicle by reducing the speed, keeping the right and the right well, and accurately operating the steering and steering system.

Nevertheless, the Defendant, by negligence that did not well look at the front door of the Defendant, went away from the scene without taking measures such as providing relief to the victim, by taking the victim C (the 57-year-old driver), who stopped in the front door of the Defendant, into the front door of the passenger vehicle, thereby causing the victim to suffer bodily injury, such as climatic salt, etc. for about two weeks in need of medical treatment, and at the same time, immediately stopping the damaged vehicle so that the victim can blick the vehicle, thereby leaving the scene without any measures such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A medical certificate;

1. Photographss related to each traffic accident;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The register of driver's licenses, and the application of Acts and subordinate statutes governing mandatory insurance;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts; Article 268 of the Criminal Act; Articles 148 and 54 (1) of the Road Traffic Act; Article 151 of the Road Traffic Act; Articles 152 subparagraph 1 and 43 of the Road Traffic Act; Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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

1. Punishment of imprisonment without prison labor for a crime of violating the Road Traffic Act by occupational negligence, damage to property, and the remaining crimes shall be applicable to each crime; and

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