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(영문) 광주지방법원 2017.03.30 2016고단5524
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and 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 a CM5 car.

On August 30, 2016, the Defendant driven the above car at around 01:25, and went off the alleyway adjacent to the E convenience store in Gwangju North-gu, and entered the F, which is extending out from the boundary of the Education University, to the boundary of the security center, at an indefinite speed.

However, since the F in which the defendant wants to enter is limited to three lanes, in such a case, there was a duty of care to safely enter the driver after checking whether there is a vehicle driving as above.

Nevertheless, the Defendant neglected such duty of care and went to go beyond the opposite lane after entering the said vehicle, and did not avoid the victim G(21) driving on the left side of the direction, and did not avoid the HK5 vehicle driving on the right side of the direction. The Defendant received the front part of the said K5 vehicle as the front part of the MF5 vehicle driving car driving by the Defendant.

Ultimately, the Defendant suffered from the victim G by such occupational negligence as above a 3-day medical care for approximately 3 weeks, and suffered from the victim I (20 years old) who is the passenger of K5-car car to undergo approximately 2-day medical care, such as brain salvine in need of approximately 4-day medical care, and the victim J (20 years old) suffered from the victim KK (21 years old) for approximately 3-day medical care, and at the same time, runs away without taking necessary measures so as to cover a total of 3,722,420 won, such as replacement of the preceding c,72,420 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A report on internal investigation (the photographing of both vehicles);

1. Statement made by each police of G, I, J, and K;

1. Each written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to verification sources of subscription to automobile insurance and each written agreement;

1. Relevant provisions of the Act concerning facts constituting an offense;

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