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(영문) 광주지방법원 2013.03.14 2013고단158

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 02:25 on October 23, 2012, the Defendant was negligent in carrying out as is the Defendant’s failure to perform his duty of care to see the front part of the said vehicle’s front part of the Victim C (the age of 79) with the upper part of the said vehicle’s front part of the 14-day front part of the 14-day front part of the said vehicle, thereby damaging the victim beyond the 14-day front part of the said vehicle, thereby damaging the front part of the modern aggregate oil station located in Gwangju Nam-gu to the 60k high speed, and destroying the front part and the left part of the three-lane back to the 60-lane high speed, while driving the 3-lane high speed of the 3-lane high speed, while neglecting the duty of care to accurately operate the steering and steering gear, and thereby causing the victim’s injury to the front part of the 14-day front part of the 30-day high speed of the central market. At the same time, the Defendant did not immediately complete the 300-day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police about C (victim);

1. The actual condition survey report (1) (2), photographs of a melting vehicle, and photographs on the site at the time of the accident;

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

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. [Determination of a sentence] Traffic Crime: The occurrence of a traffic accident to the victim, who is a special mitigation, after having been injured on January 1, 02 after a traffic accident, and escape (special custody) - The victim is also the victim.