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(영문) 창원지방법원 2014.08.20 2014고단744

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

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 of CL car.

At around 02:50 on February 27, 2014, the Defendant, while proceeding to the Twit-distance Intersection, which is located in the Young-si, Kim Jong-dong, was due to occupational negligence in violation of the signal, and left left at the IC room, escaped without taking measures, such as providing relief to the victim D(Y, 52 years old), who was directly engaged in under the new name of the Indian University at the front section of the victim D(S, 52 years old), who was under the right-hand side of the driver's license, with approximately three weeks of the driver's license for the damage of the victim, and at the same time taking the front section of the driver's license for about three weeks of the repair cost, damage the above high-speed car to the victim's fee of KRW 1,067,350, and immediately leaving it.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the evidence list Nos. 2 to 4, 7 to 9, as submitted by the prosecutor

1. 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 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. Article 53 or 55 (1) 3 of the Criminal Act (i.e., voluntary mitigation and mitigation)

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (the number of self-denunciation and the degree of injury to the victim is not much serious; the defendant still has his age and reflects his mistake; the fact that the defendant has purchased a comprehensive motor vehicle insurance contract; the sentencing criteria prepared by the Sentencing Committee, etc.);

1. Social service order under Article 62-2 of the Criminal Act;