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(영문) 광주지방법원 2013.03.14 2013고단327

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for six 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 23, 2012, at around 23:20, the Defendant driven the C 1t Cargo Vehicle, and proceeded three lanes from the side of the Gbigg-dong, Nam-gu, Gwangju, to the Gwangju University. In such a case, the Defendant had a duty of care to safely operate by checking the front and left left and right of the vehicle.

Nevertheless, the Defendant negligently and negligent in proceeding with the Defendant, and the latter part of the victim D (V, 44 years old) driving in front of the Defendant’s running direction, conflicted with the front part of the Defendant’s driving vehicle.

Ultimately, the Defendant, through occupational negligence as above, sustained injury to the victim of the above two-day medical treatment by the “salvinum sale, tension, etc.” and, at the same time, did not immediately stop the damaged vehicle so that the amount of 3,170,944 won would be damaged and the damaged vehicle would not take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written diagnosis and written estimate;

1. Results of the initial investigation of the traffic accident, (i) the report on the traffic accident, and (ii) the statute applied;

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 (a) cannot be deemed that the nature and circumstances of the crime are light in that the defendant left the scene without examining the victim even after having committed a traffic accident; however, considering the fact that the defendant recognized all the crimes and voluntarily attended by the police, the degree of injury of the victim, the degree of injury of the victim, and the fact that the defendant has agreed with the victim, taking into account the fact that the defendant has no criminal power beyond the suspension of execution);

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