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(영문) 광주지방법원 2018.07.19 2018고단1965
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six 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

Around 01:54 on May 4, 2018, the Defendant driven a Cmonon car and continued to drive the e-ray intersection in front of the UPS broadcasting station located in the Seo-gu, Seo-gu, Seo-gu, Gwangju at the surface of the coefficient distance. The Defendant neglected his duty of care to safely drive the e-ray, such as complying with the signal, while neglecting the duty of care to safely drive the e-ray in contravention of the signal, thereby neglecting it, thereby causing the victim D (35 years)’s failure to drive the vehicle to follow the signal to the right side from the right side of the running direction of the vehicle, and thereby causing the victim’s injury to the right side of the vehicle, and at the same time, the Defendant did not immediately stop the vehicle to the extent that it would cause damage to the victim, such as the repair cost, 3,174, and 470 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs related to each accident (the sequence 3 of the evidence list);

1. A copy of a medical certificate;

1. A copy of a written estimate;

1. Application of CCTV-related Acts and subordinate 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 injury);

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 grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend, recognize the defendant's mistake, the victim does not want punishment against the defendant, the defendant has no record of criminal punishment, in addition to one-time fine for the crime of this type, and the degree of violation of the defendant's duty of care.

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