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(영문) 광주지방법원 해남지원 2020.05.28 2020고정2
특정범죄가중처벌등에관한법률위반(도주치상)등
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B-learning passenger cars.

At around 10:00 on September 28, 2019, the Defendant was driving ahead of the housing located in Jindo-gun C, Jindo-gun, Jindo-gun, in the direction of the long distance of gear at D.

Since it is a prohibited area from overtaking, in such a case, a person engaged in driving service has a duty of care to avoid overtaking.

Nevertheless, the Defendant neglected this and returned to the original lane beyond the center line on the left side in order to overtake, and received the part of the victim E (24 years old) driving F-ma-ma in front of the driver's seat of the freight vehicle, and then received the front part of the Defendant's vehicle.

The Defendant, by negligence in the course of performing such duties, sustained injuries, such as salt pans, tensions, etc., of a shoulder that requires approximately two weeks of medical treatment, and escaped without taking necessary measures, such as providing personal information to the victim, even though he/she damaged a damaged vehicle of approximately KRW 1,443,200 to cover repair expenses, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of persons involved in a traffic accident (No. 20 of the evidence list);

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, and photographs on the scene of accidents;

1. Application of Acts and subordinate statutes, including a report on investigation (a written estimate of damaged vehicles and a certificate of subscription to automobile insurance);

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Crime, Article 268 of the Criminal Act, and Articles 148 and 54 (1) 2 of the Road Traffic Act (the occupation of measures not taken after the accident, the choice of fines);

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

1. A fine of five million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence

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