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(영문) 광주지방법원 목포지원 2016.10.25 2016고단946
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

However, 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 driving of a fwing cargo vehicle B.

On June 27, 2016, the Defendant driven the above vehicle at around 20:34, while driving the vehicle, which led to the passage of the road of the Cheongho-ri in front of the fluoran-do in front of the fluorabb in front of the fluoran-gun, Chungcheongnam-do.

The location is a road where the center line of yellow-ray is installed, and the opposite lane is a D observer car driven by the victim C (V, the age of 45). In such a case, there was a duty of care to prevent accidents by driving the vehicle in advance by safely driving the vehicle, such as thorough operation of the front-time city and operating the vehicle in compliance with the rules.

Nevertheless, due to the negligence of neglecting this, the Defendant got back the center line and got back the fronter of the left side of the Defendant’s vehicle and the fronter part of the victim’s vehicle, and received the fronter and left-hand side of the vehicle.

Ultimately, the suspect suffered injury to the victim by negligence in the course of performing the above duties, and at the same time, destroyed the repair cost of the damaged vehicle so that approximately KRW 3,134,547 of the repair cost of the damaged vehicle can be said to be approximately KRW 3,134,547, and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. Application of the Acts and subordinate statutes concerning the site photographs, diagnosis reports, and estimates of traffic accidents;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident);

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 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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