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(영문) 광주지방법원 목포지원 2015.04.20 2015고단184
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not more than ten 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 QM5 car.

On February 15, 2015, the Defendant driven the said car at a speed that would not be known by one lane in the direction of the sloping parking lot from the direction of the sloping parking lot.

At the same time, it was difficult for the road surface to be milched with the air at night, and it was difficult for the road surface to be milched, and there was frequent place for pedestrians to pass because commercial buildings are concentrated around the area, so there was a duty of care to prevent accidents in advance by safely driving the vehicle, such as reducing speed and checking whether there is a person driving the vehicle with a view to maintaining the right and the right and the right of the road.

Nevertheless, by neglecting this, the Defendant did not discover the victim F(35 years of age) and the victim G(35 years of age) from the left side of the progress direction of the Defendant, and did not look into the victims of the above QM5 car.

Ultimately, even though the Defendant was negligent in the above occupational negligence to inflict bodily injury on the victim F, such as a dunes of the two frameworks requiring approximately 8 weeks of medical treatment, and suffered injury to the victim G, such as brain, requiring approximately 3 weeks of medical treatment, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victims.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning H;

1. Statement of the police officer in G (Evidence No. 52 pages of evidence records);

1. A report on investigation (a report on the hearing of witnesses at the time of an accident);

1. - The actual condition of a traffic accident, - The scene and vehicles involved in the accident, and photographs related to the accident;

1. Application of Acts and subordinate statutes of Part II of the 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 committed;

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

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation;

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