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(영문) 광주지방법원 2015.02.12 2014고단4956

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for seven 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 engaged in driving a vehicle B in a car of Acardiia.

On November 28, 2014, the Defendant: (a) driven the said car on the 20:06th day of November 28, 2014; (b) driven the said car and driven the said car into the left side of the said car; (c) driven by the victim C (Nam, South, 32 years old) driving along one lane in the same room where the line was changed from the two lanes to the one lane by occupational negligence, while moving the front left side of the apartment road of 308-dong, which is located on the 261-west side of the Gwangju Mine-gu, from a larger elementary school, to the front side of the 308-dong apartment site; and (d) had the victim and the said Oba on the road over the front side of the said car.

After all, the Defendant, by the above occupational negligence, suffered from a wound of the following lights and the pelvis in need of medical treatment for about two weeks, and escaped without any necessary measures, such as immediately stopping and providing relief to the victim, even though the Defendant damaged the pelvis, etc. to be in excess of KRW 5,00,000, which is the victim’s possession.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

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. Article 40 and Article 50 of the Criminal Act, the choice of punishment, and 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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The range of recommending punishment: Type 1 (Desertion after Injury) and the area of special mitigation (3 to October) after a traffic accident; - Where a minor injury has occurred (1 to 2) and a victim has not been punished;

2. Special mitigation factors as seen earlier prior to the decision of sentence, and the various factors of sentencing revealed during the pleadings of the instant case.