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(영문) 광주지방법원 2018.04.26 2017고단5715
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 12:30 on November 5, 2017, the Defendant driven CK5 car, and made a left-hand turn on the front distance of the E hospital located in Gwangju Mine to the front left-hand left-hand side of the military unit. Since there is a center line of the yellow-ray, the Defendant: (a) operated a cell phone while neglecting his duty of care to safely drive the vehicle; (b) operated the cell phone while neglecting the duty of care to safely drive the vehicle; (c) obstructed the central line; and (d) stopped in waiting for signal at the opposite lane, waiting for signal at the opposite lane; (d) took part of the front part of the said K5 car; (e) took an injury to the victim F for about 2 weeks in need of treatment; and (e) took necessary measures such as damage to the victim of the said vehicle, (e) took 3 years in front of the said K5 car; and (e) took 4 years in front of the said car, 5 years in front of the said car; and (e) took necessary measures, 4 years in front and 5 years in the said car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of J, I, and H;

1. On-site photographs of each traffic accident;

1. A copy of a written estimate;

1. Application of statutes to copies of each written diagnosis;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational injury and loss), Articles 148 and 54 (1) of the Road Traffic Act (the point of absence of measures after occupational injury and loss) concerning the crime under the corresponding provisions of the relevant Act;

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. Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Persons obliged to provide community service and attend lectures recognizes the defendant's erroneousness, and some victims.

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