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(영문) 광주지방법원 해남지원 2018.04.12 2018고단63
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle with C low Pest another car.

On February 3, 2018, around 08:30, the Defendant proceeded along two lanes from the direction of the Jin-gun to the west-Eup of the west-gun of the E resting area, located at a point of 400 meters wide from the front of the E resting area, south-west, south-west.

A person engaged in driving motor vehicles has a duty of care to check whether there are other motor vehicles in the direction of driving, and to safely drive motor vehicles by safely driving the front, rear, and right and the right of the vehicle.

Nevertheless, the Defendant neglected this and received the victim F(51) with the first lane without examining the previous and previous school left by negligence, and without taking it into account well, the Defendant received the front shoulderer of the passenger car in front of the right-hand side of the G low-speed car driving in the first lane.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim F, such as salt, tensions, etc., in need of approximately two weeks of treatment on the part of the victim F, and suffered injury to the victim H (W, 48 years of age) who is a passenger of the said G-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each written diagnosis and written estimate;

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

1. Application of the Acts and subordinate statutes on black stuffs;

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 criminal facts (the point of absence of measures after an accident) under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of absence of measures after an accident);

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

1. Selection of the penalty;

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