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(영문) 광주지방법원 2013.04.04 2013고단791

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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

On December 26, 2012, at around 23:35, the Defendant driving a B K5 car, and turn to the left, one lane from the dong-dong of the dong-dong of Gwangju Northern-gu to the elim-oriented apartment at the elim-only side of the elim-dong-dong, and due to the negligence of failing to perform the duty of care for safe operation by properly operating the elim, steering direction, and brakes at the front side of the Defendant’s moving direction while neglecting the duty of care for safe operation of the elim-owned vehicle, which was transmitted from the front side of the Defendant’s moving direction, led the said victim to the injury of the “influor, tension, etc.” requiring approximately two weeks of medical treatment, and at the same time, the damaged vehicle was stopped by making the repair cost of the evis-6,613 won, and immediately stopping it without any measure of rescue the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written diagnosis and written estimate;

1. The initial measure of the traffic accident, the report of the traffic accident (i.e., the application of the statute);

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 not taking measures after the destruction of property) concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., that the defendant runs away without getting off from the vehicle after the traffic accident and that the defendant seems to have seen the circumstances of drunk driving, considering the characteristics of the crime and the circumstances of the crime cannot be deemed to be that the crime of the defendant is light. However, considering the circumstances, such as the fact that the defendant fully commits the crime, the degree of injury suffered by the victim, the degree of injury suffered by the victim, and the fact that the damaged vehicle is subscribed to the taxi mutual aid);

1. Article 62 (1) of the Criminal Act on the suspended execution (the grounds for discretionary mitigation shall be repeatedly considered);

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;