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(영문) 광주지방법원 2014.09.25 2014고단2676
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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 B-Wood vehicle.

On July 5, 2014, the Defendant driven the said car at around 16:00, and led the Defendant to turn to the right from the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right

Since there is a long distance intersection, there was a duty of care to prevent accidents in advance, such as securing and driving safety distance with the vehicle driving in the same direction for those engaged in driving service.

Nevertheless, the defendant neglected this and tried to turn to the left at the same direction as it was by negligence, and the victim C(IS3 years old) driven by the victim C(IS3 years old) was the front part of the above car operated by the defendant.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in light of the trend requiring treatment for about two weeks, and at the same time, destroyed the said car owned by the victim E to the extent of KRW 528,400, and escaped without taking necessary measures, such as stopping, and saving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to general medical certificates and estimates;

1. Article applicable to criminal facts;

(a) The escape after the injury caused by occupational negligence: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act;

(b) Unnecessary measures: Articles 148 and 54 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act (the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, between the crime of violating the Road Traffic Act and the crime of violating the Road Traffic Act as indicated in the judgment on the Aggravated Punishment, etc. of Specific Crimes

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

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