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(영문) 광주지방법원 목포지원 2016.07.12 2016고단36
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

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 B car rental car.

On November 15, 2015, the Defendant driven the above vehicle at around 00:38, and proceeded with the intersection of the private distance, at the entrance of the main city in a green city at a wooden city, from the breadth of the Do government office to the Do government office's shooting distance.

Since there is an intersection where a signal is installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signals by reducing speed and by properly examining the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to turn to the left on the back of the Do office distance room in accordance with the vehicle proceeding signals, and caused the victim C(40 years old) who was driven by the victim C(40 years old) to turn to the left on the right side of the Do office line, and caused the panion to the front line of the B car siren vehicle.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as fluoral salt, etc. requiring medical treatment for about two weeks, while at the same time, even though the repair cost of KRW 1,429,424 was damaged by the said D Caren vehicle to the extent, she immediately stopped and escaped without taking measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. C Police Statement Statement;

1. A traffic accident report (1) - The actual survey report;

1. Application of Acts and subordinate statutes to the scene of an accident, photograph of a damaged vehicle, written diagnosis (C), and written estimate of the damaged vehicle;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that separate criteria for regular concurrent crimes are set.

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