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(영문) 광주지방법원 2019.08.29 2019고단2235
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 duties of K7 cars.

Around 22:50 on May 21, 2019, the Defendant: (a) driven the said car, while driving the said car, and driving the C Building on a one-lane road from the boundary of the earth to the port line; (b) was negligent by neglecting the duty of front-time watch; (c) was driven by the victim D(W), a left left-hand part of the C Building parking lot, which is the left-hand side of the horse course, in front of the driver’s seat in the Defendant’s vehicle; (d) was inflicted on the victim, due to the impact, at the same time, by causing injury, such as salt, tension, etc. of the trend requiring two-day medical treatment; and (e) the damaged vehicle was destroyed by the repair cost of the driver, etc., 1,795,000 won; and (e) did not immediately stop the damaged vehicle to rescue the victim or take necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on the occurrence of a traffic accident and the report on each traffic accident;

1. Application of Acts and subordinate statutes to a general medical certificate and a written estimate of repair costs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act (the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than that of each of the above crimes) of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act on the suspended execution (hereinafter “the grounds for the suspended sentence”), which takes into account the favorable circumstances

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [the recommended area and the scope of recommendations] - Special mitigation area, and three to one year types of imprisonment: The escape range after traffic accidents [the first type] after causing bodily injury, - the special escape range.

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