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(영문) 광주지방법원 2017.09.26 2017고단2228
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 6, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act (hereinafter “Road Traffic Act”), driving a Csch Rexton car on April 6, 2015, and proceeding at a speed that would not be known to the four-lane road in front of the four-lane road of the 60-lane 4-lane northwest-gu, Gwangju Metropolitan City, depending on the one-lane road in front of the 60-lane 4-lane gate, northwest-gu.

In such a case, the Defendant neglected to take care of the safety distance with the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the victim D(W, 45 years old) who is in front of the same direction and proceeded with the back part of the vehicle in front of the signal in front of the same direction, despite the fact that the Defendant had a duty of care to prevent accidents by driving the vehicle in front of the vehicle in front.

Thus, the defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of treatment due to the above occupational negligence, and at the same time, the defendant damaged the car repair cost of KRW 296,570.

2. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any motor vehicle which is not covered by mandatory insurance of the motor vehicle;

The Defendant operated the said U.S. car at the same time and at the same place as above, which was not covered by the automobile mandatory insurance.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. A survey report on actual condition and photographs of damaged vehicles;

1. A medical certificate;

1. Details of damage adjusting (E);

1. Inquiry into mandatory insurance, application of Acts and subordinate statutes of paragraph (C) of this Article;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 of the same Act concerning criminal facts;

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

1. The punishment of imprisonment without prison labor and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in which punishment is imposed shall be sentenced, respectively;

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