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(영문) 광주지방법원 2016.04.28 2016고단648
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above sentence 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 Bchip car.

On February 11, 2016, the Defendant driven the above car at around 03:45 on February 11, 2016, and proceeded with the three-lane roads of the new bridge, which are located in the 2nd circulation road of Gwangju Mine-gu, as three-lanes, into the advanced ethic surface from the Mukuk ICT.

At all times, D4.5 tons of truck driven by the victim C ( South and 49 years old) was under way, so the Defendant engaged in driving service had a duty of care to drive safely by checking well.

Nevertheless, the Defendant was negligent in driving a stroke while driving the stroke by negligence and received the part of the stroke part of the stroke in front of the Defendant’s vehicle.

Ultimately, the Defendant, by occupational negligence, immediately stopped the above victim C with the injury of salt c, etc. in need of approximately two weeks of treatment, suffered from the victim E (the 60-year old-age-old person) who was on board the damaged vehicle with the injury of salt c, etc. in need of approximately two weeks of treatment, and escaped without taking necessary measures, such as aiding and abetting the damaged vehicle to the sum of the market value of the repair cost, such as leaving the equipment loaded at the damaged vehicle, without taking necessary measures to rescue the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning criminal facts (the point of absence of measures after an accident) under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of absence of measures after an accident);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment with prison labor for up to 6 months up to 15 years;

2. The scope of recommended sentences according to the sentencing criteria:

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