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(영문) 광주지방법원 순천지원 2017.11.03 2017고단1786
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 car at the horse at B.

On June 27, 2017, the Defendant driven the above car at around 20:30, and driven the two-lane road in front of C at the time of leisure, along the two-lane road from the right edge to the right edge of C Park at the right edge.

At the time, there are nights and at the front of the street crossings with signal lights, so in such a case, a person engaged in driving a motor vehicle has the duty of care to see the front door and to safely drive the steering wheel and brakes accurately and prevent accidents in advance.

Nevertheless, the Defendant neglected this and proceeded in the same way as that of the above intersection, followed the victim E (44) who stops in the traffic signal atmosphere at the same lane as that of the above intersection, and received the front part of the above horse side car.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim G (the 45 years old), who is a partner of the said victim E and K5 vehicle, by each of the following: (a) and at the same time, destroyed k5 vehicle owned by the victim Company South and North Korea to repair KRW 266,918, and escaped without taking necessary measures on the spot.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 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;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The fact that the defendant was sentenced to a fine of the same kind for the reason of sentencing under Article 62-2 of the Criminal Code of the community service order, while not causing damage, the defendant reflects himself/herself and agrees with the victims, and the defendant's age, sexual behavior is committed.

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