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(영문) 광주지방법원 2014.07.24 2014고단1707

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

The defendant is a person who is engaged in driving of a DNA-learning car.

On January 22, 2014, the Defendant driving the said car on the 21:35th day of January, 2014, and driving the front road of the “Fju store” located in Seo-gu in Gwangju, Seo-gu, with about 30km in speed from the duur to the Sim apartment.

At the same time, there was an intersection in which traffic is not controlled, so the driver of the motor vehicle had a duty of care to safely drive the motor vehicle and prevent the accident in advance.

Nevertheless, the Defendant neglected this and went away as it did not take necessary measures such as destroying 400,000 won of repair cost to the victim, and aiding and abetting the victim, who entered the above intersection from the left side of the victim G (Nam, 27 years old) driving to the right side of the front hCA110 Obama part of the said car. The front hCA110 Obama part of the said car, thereby causing injury to the victim due to the shock of the said shock, which requires approximately two weeks of medical treatment, and at the same time, destroyed the above Obama to the right side of the front hacker of the said car.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes to copies of a survey report, diagnosis certificate, and written estimate for repair expenses;

1. Article applicable to criminal facts;

(a) The escape after the injury caused by occupational negligence: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act;

(b) Unnecessary measures: Articles 148 and 54 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition, the choice of imprisonment;

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

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act;

1. The range of recommending punishment shall be limited to the range of special mitigation area (3 to 10 months) after the traffic accident;

1. The fact that the sentence of sentence is minor, and the defendant agrees with the victim to the defendant;