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(영문) 광주지방법원 2016.06.30 2016고단1406
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The defendant shall be punished by imprisonment for six months;

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

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle B.

On March 29, 2016, the Defendant operated the above car at a speed of about 70km in the speed of 14:45 square meters at a speed of about 70km per hour, depending on one lane from the intersection to the intersection of black distance from the 6-lane 4-lane to the intersection of the general welfare center for workers south, which is located 106 am 3:0 p.m. in the south-gu, Gwangju Mine-gu.

Since there was a cross-section where signal lights are installed, there was a duty of care for those engaged in driving service to drive safely in accordance with the new code.

Nevertheless, the Defendant neglected to do so and received the part on the left side of the victim C(68 S) driving in accordance with the signals from the right side of the running direction by neglecting the stop signal as it is by negligence and by negligence, and received the part on the left side of the Defendant’s vehicle.

As a result, the Defendant, by the above occupational negligence, sustained slocks in a unit that requires the victim to receive approximately 2 weeks of medical treatment, and at the same time, did not immediately stop the said rocketing car to ensure that the amount equivalent to KRW 1,334,228 of repair costs is damaged, and escaped without taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a traffic accident report, internal investigation report (receiving and suspect identification), signal system map, diagnosis certificate, estimate, or photograph on the scene of accident;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-measures after the accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures.

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