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(영문) 광주지방법원 2017.08.31 2015고단3489

특정범죄가중처벌등에관한법률위반(도주차량)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 2, 2008, the defendant around 13:35, 2008, from the long distance in front of the apartment building in the two roads of Seo-gu, Seo-gu, Gwangju Metropolitan City, about 4.5, 197, the defendant was driving the XG car without the driver's license and proceed to the regular 1-dong community service center on the side of the apartment building in the inland bank.

There are only two directions signal lights for vehicles driving towards the opposite side of the Gwangju Korean Hospital and both villages. Since there is no signal signal, the vehicle driving service provider is obliged to temporarily stop and check whether there is a vehicle driving towards the opposite side of the Gwangju Korean Hospital by temporarily stopping the vehicle and operate the steering gear in a safe manner.

Nevertheless, the Defendant neglected to stop driving and did not avoid the victim D(49) E-rayed from the north of Gwangju Korean Hospital to the north of the two villages, and received the front part of the damaged taxi due to the front part of the Defendant’s car to the right part of the victim’s driving.

Ultimately, the Defendant got away without taking necessary measures, such as aiding the injured party, even though the injured party suffered injuries, such as the climatic fluor and the fluoral salt fluor, which require the victim to receive approximately two weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act (Selection of Imprisonment) concerning the crime;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

(a) favorable condition: The defendant recognized the crime of this case and reflected his mistake; and

B. Unfavorable conditions: the nature of the crime of this case is bad.