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(영문) 광주지방법원 2013.10.31 2013고단4378

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 August 27, 2013, at around 21:50, the Defendant driven a Bchip EX (XG) car, and proceeds at a speed of 60km per hour from the two-lanes of the two-lanes of the Yangsan Station located in the Yangsan-ri, Seosan-si, the Defendant, at a speed of 60 kilometers per hour. The Defendant, by negligence, neglected the duty of due care to drive safely, and carried out, by neglecting the duty of care to drive safely, and thereby neglecting the operation of the Da K3 car (n, 24 years old) driving, while receiving the above victim from the front part of the Defendant’s car to suffer injuries, such as confection salt requiring treatment for about two weeks, and at the same time, destroyed the damaged car to have the repair cost of the 2,063,656 won, and escaped without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written diagnosis and written estimate;

1. Application of the actual survey report, traffic accident evidence evidence and photographs-related Acts and subordinate statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation ( Taking into account that the degree of injury of the victim is minor, that the victim has agreed with the victim, that the defendant has no particular criminal power except for two fines);

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;