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(영문) 광주지방법원 순천지원 2015.11.24 2015고단1358
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 vehicle B.

On June 28, 2015, at around 02:25, the Defendant driven the above car, and led the KTT-distance intersection, which is located in the GTT-gu Manyang-si, to make a right-hand passage along three-lanes of the three-lanes from the surface of the container hold-hand distance to the surface of the Ho-In apartment shooting distance.

Since there is a remote distance where a signal, etc. is installed, a person engaged in driving service has a duty of care to reduce speed by checking well the front, left, and well, and safely bypassing depending on the right edge.

Nevertheless, under the influence of alcohol, the Defendant failed to do so, and sent a signal to the left-hand side on the first-lane of the victim C(Y, 31 years old) driving, which started from the point of time, was shocked into the front number plate of the Defendant’s driving.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt ties and tensions, which require treatment for about two weeks, and at the same time, escaped without immediately stopping the said spke car to ensure that the repair cost, such as the exchange of the sprink pans, is equivalent to KRW 338,288, while destroying it, and without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each written diagnosis and written estimate;

1. Photographs of the victim;

1. Application of the practical survey report, on-site evidence and photographs, accident video CDs-related Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Article 148 and Article 54 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation of punishment Article 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) 1.

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