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(영문) 광주지방법원 2013.04.18 2013고단316
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for six 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 a B-hurd motor vehicle quantity.

Around 03:50 on December 8, 2012, the Defendant driven the above vehicle, while driving one lane in front of the “Saong-dong,” located in the Yaong-gu, Gwangju. At the same time, a pedestrian was working on the side of the road in order to board a taxi, and thus, in such a case, the Defendant had a duty of care to accurately operate the steering gear and brakes while driving the vehicle and to verify the safety of course.

Nevertheless, the Defendant neglected to do so and led the part of the victim C(58 years old) who was on the right side of the vehicle driving to the right side of the vehicle driving.

Ultimately, even though the Defendant suffered from the “influoral sium” requiring approximately two weeks of medical treatment to the victim through occupational negligence as above, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. A traffic accident report (1), (2) (2) and evidence and photographs related to the accident;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, etc. [Determination of the type of punishment] Traffic Crime: Escape (specially imprisoned) after bodily injury after escape from January 1, 02 after traffic accidents - In cases where minor injury, who is a special mitigation, occurs (including 1 and 2 kinds of efforts to recover from damage) no penalty (including serious effort to recover from damage) (the decision of the recommended area] special mitigation penalty.

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