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(영문) 광주지방법원 2013.03.14 2013고단398

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

Around 23:00 on January 13, 2013, the Defendant driven a B 1t truck, driving a two-lane 1-lanes in front of the Asia-dong in Seo-gu, Seo-gu, Gwangju, with a speed of about 40km from the 5:18 Memorial Park in front of the ASEAN-dong, the Defendant proceeded at the speed of about 5:18 km. The Defendant, while maintaining safety distance and neglecting the duty of care to prevent accidents in advance, found that the Defendant was late to stop the D K5-car of the victim C (33 years old) while neglecting the duty of care to prevent accidents in advance. The Defendant’s cargo met with the victim’s left-hand driver, leading the victim’s left-hand driver, leading the victim to the need for treatment of the victim and the victim’s vehicle, and immediately stopping the vehicle to the victim E (the 30 years old and 30 years old) without any injury and injury to the victim, 000 Do 98,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. E statements;

1. Each written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to initial action plans and actual survey reports on the scene of a traffic accident;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage to property) concerning the crime under the corresponding provision of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. According to Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, considering the following: (a) the Defendant, even though having taken an accident, left the vehicle immediately after driving the vehicle; (b) the victim escaped without stopping despite having gone through the Defendant; and (c) the Defendant appears to have a circumstance of drinking driving, it is difficult to say that a strict punishment is necessary for the Defendant; (c) the Defendant recognized all of the crimes in this law; (d) the Defendant agreed with the victims; and (e) the Defendant was not subject to a fine.