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(영문) 전주지방법원 군산지원 2013.04.10 2013고단169

특정범죄가중처벌등에관한법률위반(도주차량)등

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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

The defendant is a person who is engaged in driving a car by borrowing B.

On January 12, 2013, the Defendant driven the above car at around 21:45, and proceeded toward the military mountain on the front side, depending on the two-lanes of the three-lane road located in the 300-meter radius between the two-lanes of the road north-do, Sinsan-si, Sinsan-si, Sinsan-si.

However, there was a duty of care to safely drive a person engaged in driving service in a manner that well sees the prior left.

Nevertheless, the Defendant neglected to do so, thereby leading up to the left-hand part of the DMF5 car driven by the victim C(29 years of age) who was driven by the victim C(29 years of age) prior to the invasion, and received the part above the right-hand part of the car.

As a result, the Defendant suffered injury to the victim, such as salt ties, tensions, etc., which require treatment for about two weeks, and at the same time, the Defendant destroyed the above SM5 car repair cost, approximately KRW 4,151,890, and KRW 1,685,000 for repair cost, and escaped without taking measures such as providing relief to the victim.

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's legal statement, statement of victim, written diagnosis, written estimate 2, and written actual survey report

1. Relevant legal provisions concerning criminal facts: 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;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Imprisonment;

1. Suspension of execution: Article 62 (1) of the Criminal Act (see, e.g., reflectiveness, prohibition of punishment, and comprehensive motor vehicle insurance);