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(영문) 광주지방법원 2020.10.15 2020고단3711
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 a KS7 car.

On June 17, 2020, the Defendant driven the above car at around 02:30, and led the two-lanes between the three-lanes from the parallel parallel parallel to the parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel.

There is a duty of care to prevent accidents in advance by driving safely in accordance with the signals and accurately manipulating the operation and steering gear in the front line by checking the traffic situation of the driver on the intersection where signal, etc. is installed.

Nevertheless, the defendant neglected this and caused the collision between the victim C (the aged 48) who was making a left-hand turn at the right-hand side of the D MT freezing and the left-hand turn at the right-hand side of the HE 1 by the negligence of entering the intersection in violation of the signal, and who was driving by the victim C(the aged 48).

As a result, the Defendant suffered injury to the victim, such as brain dust requiring medical treatment for about four weeks due to occupational negligence as above, and at the same time, even though the said freezing vehicle was damaged to bring about considerable amount of 15,242,260 won for repairing expenses, the Defendant escaped without immediately stopping the said vehicle and taking measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report on traffic accidents;

1. Application of each written diagnosis and written estimate for damage;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The criminal records of the defendant, the nature and risk of the crime of this case, the circumstances leading to the crime, and the victim for the reason of sentencing under Article 62-2 of the Criminal Act.

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