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(영문) 광주지방법원 순천지원 2015.03.17 2014고단2057
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a B-to-pur vehicle.

On October 2, 2014, the Defendant driven the above car at around 22:25, and proceeded along the intersection of the KTT-distance which is located in the Manyang-si in the opticalyang-si, along the two-lanes between the two-lanes from the surface of the container section to the surface of the steel reservoir.

At the time, since it is an intersection where a signal is installed at night and at that time, there was a duty of care to reduce the speed to a person engaged in driving service, to live well on the right and the right and the right, and to drive safely in accordance with the signals.

Nevertheless, the Defendant neglected this and received the part on the left side of the victim C's motor vehicle, which was placed right side of the course due to the negligence of violating the signal, from the left side of the motor vehicle of the victim C's driving, to the part on the front side of the motor vehicle of the above A-Wurg.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks due to such occupational negligence, and at the same time, the Defendant escaped without destroying the said car to cover KRW 390,048, such as the exchange of pan-culers, and without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a traffic accident report, on-site evidence photographs of the traffic accident, estimates of insurance repair expenses, signal cycle table, and diagnostic certificate;

1. The point of escape after an injury resulting from occupational negligence in the relevant legal provision concerning the crime: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act: Articles 148 and 54 (1) of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Although the case of the instant crime under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is not weak, the fact that the Defendant’s mistake reflects the Defendant, and the vehicle for hazard is covered by the automobile comprehensive insurance, and is agreed with the victim.

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