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(영문) 광주지방법원 2017.12.19 2017고단4819

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for seven months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 18:15 on August 21, 2017, the Defendant: (a) driven the B B Poter Cargo, and neglected to perform the duty of safety distance from the distance to the two-way roads at the GTT University located in Gwangju north-gu, Gwangju, to secure a safe distance; (b) neglected to perform the duty of safety on the front side; (c) caused the back portion of the DK3 Motor Vehicle of the victim C (V) driving to the front portion of the Defendant’s vehicle; (d) continued to take the back portion of the victim E (22 years) driving to the front portion of the K3 Motor Vehicle; and (d) caused the victim, E, and the victim G (30 years old) who is the passenger of the GT, to take measures to repair and repair the victim’s vehicle at the front portion of the 3rd Motor Vehicle without taking approximately 2 weeks of the 33rd Motor Vehicle driving; and (d) took 377 37 Do 137 Do 374, 774, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. G statements;

1. A survey report on actual conditions;

1. Each vehicle photograph;

1. Each written diagnosis;

1. Application of each written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 54 (1) of the Road Traffic Act concerning the crime (a point of absence of measures after an accident) of the relevant Act;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable Conditions: The instant crime was committed by the Defendant resulting in a traffic accident, resulting in the injury of three victims, and the Defendant escaped without taking relief measures even after destroying two vehicles, and the nature of the crime was bad.