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(영문) 광주지방법원 2014.10.23 2014고단3192
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 who is engaged in the service of operating a cruise car.

On May 13, 2014, the Defendant driving the above vehicle at around 04:10, and driving the five-lane road in front of the Rocheon-ro, Seo-gu, Gwangju, Seo-gu, Seocheon-do, into the Rocheon-do Rocheon-gu, a regular hospital.

In such a case, the driver of the motor vehicle has a duty of care to secure and proceed the necessary distance to avoid the collision with the previous one in the case where the driver of the motor vehicle stops in accordance with the signals of the motor vehicle in front of the direction of the defendant.

Nevertheless, the Defendant found that the victim C (the 59-year-old) driven by the victim C (the 59-year-old) who was under the influence of driving while neglecting to do so while driving alcohol, and finds it late after signaling and stopping the E body-wide car owned by the victim D, and received the part behind the above damaged vehicle as the front part of the Defendant’s vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C and the victim D (the age of 56) of the victim of the victimized vehicle for two weeks each, such as dumnasium and tension in need of medical treatment. At the same time, even though the damaged vehicle damaged the property of KRW 1,498,915, such as the repair cost of the damaged vehicle, i.e., the Defendant stopped and escaped without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident in C and D;

1. The actual condition survey report;

1. A medical certificate (D) and a written request for inquiry;

1. Application of the statutes governing a copy of a motor vehicle inspection estimate;

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 by applicable law;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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