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(영문) 광주지방법원 순천지원 2016.03.30 2015고단2107
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 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 of Bunst Motor Vehicle.

around 12:50 on July 30, 2015, the Defendant proceeded at a speed of about 100 km per hour, depending on the one-lane 100 km of the road between the Yicheon-si and the end-side, from the end-side to the end-side.

Since the place is prohibited from driving ahead of the tunnel section, there was a duty of care to make a person engaged in driving of a motor vehicle not to overtake.

Nevertheless, the Defendant neglected to perform the above duty of care, and was tried by the victim C (51 S) to overtake the Dicscar car, which is driven by the victim C (51 S) within the common room 2 tunnels, on the left side of the motor vehicle, which the Defendant was driven by the defendant due to the negligence attributable to the left part of the motor vehicle of the string which the victim is driving.

The Defendant, by such occupational negligence, caused the victim to suffer injuries, such as salt, tensions, etc. in need of treatment for about two weeks, and at the same time, even though the damaged vehicle was damaged to an extent equivalent to KRW 1,404,632, such as the exchange of the front offender, the Defendant immediately stopped the damaged vehicle and escaped without taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. On-site photographs and detailed inquiries into the accident scene;

1. A medical certificate;

1. Application of a written estimate of vehicle repair costs;

1. Article 5-3 subparag. 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 the crime (the point of failing to take 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. Order to attend a lecture and order to attend a lecture;

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