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(영문) 광주지방법원 순천지원 2018.08.31 2018고단1018
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a rocketing car.

On April 17, 2018, the Defendant driven the above vehicle at around 23:40, and led the five-lane road in front of the “D” located in Mayang-si C, to the nearest shooting distance from the edge of the container wharf.

Since there is a place where the center line of yellow solid lines is installed, a person engaged in driving service has a duty of care to drive safely according to the direction-setting lane.

Nevertheless, the Defendant neglected this and went away without taking necessary measures, such as providing relief to the injured party by immediately stopping a bit XG car in excess of the direction of the Defendant’s running 40 tax, which was driven by the injured party E (40 tax) due to the negligence of driving the center line in the opposite direction of the Defendant. The Defendant shacked the part of the driver’s seat in front of the driver’s seat of the bitG car driving seat, the bitr part of the bitr part which the Defendant drives, resulting in an injury to the injured party, such as chills and tensions that require approximately two weeks medical treatment, and at the same time, destroyed the bitra XG car in excess of KRW 852,798, which is owned by the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Blue boxes and video CDs;

1. Application of Acts and subordinate statutes of a medical certificate;

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;

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

1. Selection of imprisonment with prison labor chosen;

1. The following facts are found: (a) the instant accident occurred and the quality of the crime is not very good; (b) the Defendant reflects the fact that the Defendant was against the victim and agreed smoothly with the victim; (c) the degree of damage is not excessive; and (d) the Defendant’s personal seal is not excessive.

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