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(영문) 광주지방법원 2016.03.24 2016고단230
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On November 26, 2015, the Defendant driving a B K5 car around 22:57, and re-run the intersection of the B K5 car in Yongsan at the time of the week, the Defendant re-concept the intersection from the terminal to the 00-lane reservoir.

In this case, a person engaged in driving duty of a motor vehicle has a duty of care to temporarily stop the motor vehicle before entering the intersection and to safely drive the motor vehicle and prevent the accident by driving the motor vehicle safely.

Nevertheless, due to the negligence of neglecting this, the defendant neglected it and proceeded on the right side of the defendant's proceeding, brought the front part of the victim C(W, 58 years old)'s D QM5 car, which was directed toward the above intersection from the right side of the defendant's proceeding to the right side of the defendant's vehicle.

Ultimately, the Defendant, by the above occupational negligence, sustained injury to the Defendant’s salt and tensions that require approximately two weeks of medical treatment, and at the same time, avoided the said QM5 car to be repaired in an amount equivalent to KRW 2,865,569, and went away without immediately stopping and taking necessary measures, such as providing relief to the injured.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Act and subordinate statutes governing the evidence of traffic accidents, such as a fact-finding report, investigation report, diagnosis certificate, quotation, and written estimate;

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 grounds for sentencing under Article 62-2 of the Criminal Act are as follows: Defendant’s age, sex, environment, and circumstances leading to the crime.

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