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(영문) 광주지방법원 해남지원 2016.05.12 2016고단25
특정범죄가중처벌등에관한법률위반(도주차량)
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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 14, 2015, the Defendant, who is engaged in driving of B SP car, was driving the said car at around 13:01, while driving the said car and driving it on the front side of the YY-gun into the front side of the YY-gun-gun at the port of YY-do at the port of YY-do, due to the negligence of neglecting the front line and driving it at the port of YY-do, the Defendant did not take necessary measures such as rescue of the victim (76 years old), the victim (72 years old), the victim (72 years old), the victim (42 years old), and the victim (7 years old), the victim (4 years old), who was driving it on the road of the Erento-land at the port of YY-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-C-W-W-W-C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of the medical certificate (D, H, F, and G);

1. Guidance around the scene of an accident, map of the scene of a traffic accident, and evidence and photographs of the scene of a traffic accident;

1. A report on the occurrence of a traffic accident and a report on the actual condition of a traffic accident;

1. Application of Acts and subordinate statutes to a report on investigation (related to the direction of the immediately preceding accident, the details of the accident, and the receipt of accident);

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 as prescribed in the corresponding Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order of community service, have the record of being punished for drinking or non-licensed driving on several occasions.

In addition, the time when the crime of this case was committed is the time when the defendant was sentenced to suspended sentence due to drinking driving and the period of suspended sentence expires.

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