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(영문) 광주지방법원 목포지원 2021.01.12 2020고단1305
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

Around 08:50 on August 24, 2020, the Defendant driven the lurged car, and changed the lanes from 3-lanes to 2-lanes from 3-lanes of square to 3-lanes of square, and proceeded at an irregular speed.

In such cases, a driver of a motor vehicle has a duty of care to check whether there is a vehicle in progress by checking the front side and the left side and right side of the motor vehicle, and to safely drive the steering direction and brakes so as to prevent accidents in advance.

Nevertheless, due to the negligence of neglecting this, the Defendant, who proceeded in the 3rd square square, with two-lanes from the 3rd square square to the 2nd square ( South, 52 years old) of the victim E (the front wheels, fences, fences, even door parts of the F Alti-M vehicle in operation, conflict with the front part of the driver's car in front of the driver's seat of the Defendant.

As a result, the Defendant suffered injury, such as salt fats, etc., in need of treatment for about two weeks by occupational negligence as above, and at the same time, the Defendant escaped without immediately stopping the said car owned by the said victim and without taking necessary measures, such as providing relief to the injured party, even if the said car was damaged by the repair cost of KRW 1,970,547.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A report on the occurrence of a traffic accident, a report on the actual condition of the accident, a survey report, photographs of the accident vehicles, and F Blue video c;

1. Medical certificates (E) and medical records (E);

1. Application of written estimates (F) Acts and subordinate statutes;

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, Articles 148 and 54(1) of the Road Traffic Act (the occupation of a measure not taken after an 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 for mitigation of a small amount of punishment

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