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(영문) 광주지방법원 2015.08.13 2015고단1717
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-car.

On April 21, 2015, the Defendant driven the above car at around 23:00, while proceeding the intersection in front of the E industry company located in Gwangju North-gu D from the direction of the Viennae, to the snowbane.

At night and its location is an intersection where no signal is installed. Thus, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by yielding the course of the vehicle when there is another motor vehicle that entered the intersection prior to temporary suspension, and the driver had a duty of care to safely drive the motor vehicle when there is another motor vehicle that entered the intersection.

Nevertheless, the Defendant neglected this and got the victim F (the age of 24) driving on the left side from the right side of the said car due to the negligence of entering the intersection as it is, instead, the Defendant received the rear wheel part of the G cargo driving seat of the said passenger car and transferred the said cargo to the right side.

As a result, the Defendant, by occupational negligence, sustained injury to the victim F, such as catum salt in need of approximately two weeks of medical treatment, and suffered injury to the victim H, who is the partner of the above cargo vehicle, for about two weeks of medical treatment, and at the same time, did not stop the above cargo to the extent that it damages approximately KRW 5020,000,00 of the repair cost, and runs away without taking necessary measures, such as providing rescue to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Statement on the occurrence of H’s traffic accident;

1. The actual condition survey report;

1. Each written diagnosis;

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 and Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of the penalty;

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