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(영문) 광주지방법원 2020.06.18 2020고단786
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a motor vehicle B.

On November 28, 2019, the Defendant driven the said car at around 04:59, and proceeded ahead of the D Pharmacy located in Gwangju Seo-gu, with approximately 60km speed from the luminous rock bank to the luminous terminal.

At night and at the front of the defendant's driving direction, there are vehicles standing in waiting for signal at a distance crossing, and thus, the defendant engaged in driving of the motor vehicle has a duty of care to properly manipulate the front-distance traffic situation and prevent the accident by accurately manipulating the steering and brakes.

Nevertheless, the Defendant, while neglecting this and waiting for the signal on the Madge road by negligence, was driven by the victim E(66 years old) driving by the Defendant, and then was driven by the Defendant as the front part of the said car.

Accordingly, the Defendant, through occupational negligence as above, sustained injury to the victim E, such as salvinal salk, etc. in need of treatment for about three weeks, suffered injury to the victim G (the 61-year old) who was on board the damaged vehicle, and at the same time, sustained injury to salkinal salkites, etc. in need of treatment for about two weeks, and went away without immediately stopping the said salkinal car, which is the victim E, even though it damages the amount equivalent to KRW 5,987,903, such as the salkin exchange for a spread, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. One copy of the actual survey report on traffic accidents (Evidence No. 25);

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes;

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

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