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(영문) 광주지방법원 2013.07.25 2013고단2057
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 CPoter II cargo vehicles.

On April 27, 2013, around 17:25, 2013, the Defendant turned back 1-lanes, at the entrance of the Ginsan-ri Village at Ginan-si, Ginsan-si, Ginsan-si, from the Ginsan-si, to the hin-ho village room.

In such cases, the driver has a duty of care to check whether there are other vehicles in the front and rear left, and to maintain and back the safety distance.

Nevertheless, the defendant neglected this, and the part of the victim D (the age of 42) who was at the time after the cargo of the defendant was driven by the victim D (the age of 42) was shocked by the left-hand part of the vehicle of the defendant's vehicle.

Ultimately, the Defendant, by such occupational negligence, sustained from the victim D and the victim F (the 40-year old-old) who was on board the said vehicle with the victim D due to the above occupational negligence, the injury of salt panions, etc. in need of treatment for about two weeks. At the same time, the repair cost, such as replacement and maintenance of the above 759,896 won, was destroyed to the extent that the above 759,896 won was damaged, and escaped without taking necessary measures, such as providing relief to the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police officer in relation to D, statement of the police officer in relation to G, and statement of the F preparation (Simplified traffic);

1. The actual survey report and the evidence and photographs of traffic accidents;

1. Application of each written diagnosis (H hospital) and written estimate (I industrial company)-related statutes;

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

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. Reasons for sentencing under Article 62(1) of the Criminal Act (amended by the Act on the Suspension of Execution) are traffic crimes.

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