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(영문) 광주지방법원 2015.04.16 2014고단4771

특정범죄가중처벌등에관한법률위반(도주차량)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the above sentence shall be executed 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 service of a seeable Car C.

On November 24, 2014, the Defendant driven the above car at issue on November 23:05, the Defendant violated the signal and did not discover the victim D (year 49) who opened the crosswalk on the right side of the luminous apartment from the front side of the said car to the right side of the victim, who opened the crosswalk in accordance with the pedestrian crossing signal and went to the left at about 20 kilometers a speed of about 20 kilometers depending on one lane among two-lanes, from the south-gu, Nam-gu, Gwangju. In order to stop to the right side of the victim, the Defendant did not take necessary measures, such as rescue and relief, without having the victim stop immediately.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. A report on investigation (to hear statements from the shots);

1. A medical certificate;

1. Written estimate;

1. Application of Acts and subordinate statutes concerning field photographs of traffic accidents;

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 same crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] In the event that minor injuries have occurred (3 to 10 months) in the area of special mitigation (3 to 10 months) after traffic accidents, (1) in the area of special mitigation (including 1 and 2 kinds), in the case of a minor injury (including efforts to recover damage), in the case of a failure to impose punishment (including a serious effort to recover damage) / [decision of sentence] in the case of a defendant having no special criminal record other than three times of a fine, and the victim and the victim have