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(영문) 광주지방법원 목포지원 2015.06.12 2015고단295

특정범죄가중처벌등에관한법률위반(도주차량)

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

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 of Bchip motor vehicles.

At around 16:00 on September 30, 2014, the Defendant: (a) driven the said car that was parked in a four-lanes in the new port of Yong-gu, Youngnam-gun; and (b) started from the boundary of the Bamban-gun to the boundary of the Bamban-gun and changed the three-lanes.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to look well at whether there is a motor vehicle driving on a three-lane and to change the lane safely.

Nevertheless, the Defendant neglected this and caused the lebane of the victim C (the 51-year-old) who was going straight along the three-lanes by the Defendant’s negligent change of the lane, and caused the lebane to the left-hand pans, pents and wheelchairss of the Defendant.

Ultimately, the Defendant, due to the above occupational negligence, committed an injury to the victim, such as brain, which requires treatment for about six weeks, but did not immediately stop and take necessary measures, and escaped as it is.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. The actual condition survey report;

1. A medical certificate;

1. Application of Acts and subordinate statutes on the scene of traffic accident;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Determination of types of crime: Type 1 of escape after traffic accidents;

2. Determination of the scope of a sentence: Reduction area, six months to ten months (special mitigation factors: No penalty surcharge is imposed);

3. After a traffic accident occurs by the accused whether a sentence has been pronounced or suspended;