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(영문) 광주지방법원 2018.07.05 2018고단1498
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for seven 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 vehicle with C low Pest another car.

On March 24, 2018, the Defendant driven the above car at around 23:50 on March 24, 2018, and led to the rapid distance in front of the Jeju Seo-gu Jinari Village, which is located in Seo-gu, Seo-gu, Gwangju, to the unsurged speed in the direction of the Gwangju General Bus Terminal.

At the end of the defendant's proceeding, the victim D (n, 28 years old) was driven by the victim.

E-Wood passenger vehicle was stopped in waiting for the signal, so the Defendant engaged in driving of the vehicle had a duty of care to properly see the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of operation to prevent the accident by accurately manipulating the steering and the system.

Nevertheless, the Defendant was negligent in neglecting this and driving by negligence of the Defendant.

In the front part of the low-priced car, the back part of the lurged car driven by the victim was shocked.

Accordingly, even though the Defendant suffered injury to the victim due to the above occupational and practical injury, and at the same time, even though the Defendant damaged the Aburged car, which is the victim, by exchanging the back crimeer, so that the repair cost would be equivalent to KRW 1,338,036, the Defendant immediately stopped and escaped without taking measures such as providing relief to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after the injury from duty) and Articles 148 and 54(1) of the Road Traffic Act concerning the crime (the point of non-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. The observation of protection and the order to provide community service and attend lectures, Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection.

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