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(영문) 광주지방법원 2014.05.27 2014고단1192
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, at around 22:40 on February 7, 2014, driven a cambaXG car as a business, and proceeded in the direction of the Handong-dong in the direction of the Handong-gu 2ambaly from the direction of the Handong-gu 2amba road. The Defendant: (a) was negligent in failing to well look at the electric camba; (b) turned the back part of the victim D(59 years old) driving in the front direction of the masta taxi driving in the vehicle at the front direction; (c) was extracted into the front right part of the vehicle; and (d) caused the victim to suffer salt, tension, etc. in need of treatment for about two weeks; and (d) was able to repair the said taxi owned by the FF corporation at KRW 319,78 won, such as the rear camba; and (d) did not immediately rescue the victim or take necessary measures without any delay.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Act and subordinate statutes to a survey report, a medical certificate, and a quotation;

1. Article applicable to criminal facts;

(a) Escape after an 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. Articles 40 and 50 (Punishments stipulated in the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. against which the punishment is heavier), and 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. Grounds for sentencing under Article 62-2 of the Criminal Act;

1. Scope of recommending sentence (Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Market) and the area subject to special mitigation (3 to 10 months) after the traffic accident;

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in consideration of the fact that the victim's injury determined to be sentenced is minor and the defendant does not want the punishment against the defendant by agreement with the victim, etc.

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