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(영문) 광주지방법원 순천지원 2015.12.04 2015고단1490
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 of B-learning automobiles.

On June 19, 2015, the Defendant driven the said car at around 22:20, and proceeded with the three-lane road of the D cafeteria which is located in C at the time of leisure, as a new monthly apartment room from the border of the Dong Tri-distance.

At the time, since it was difficult to see the surrounding areas at night, there was a duty of care to safely operate the driver by accurately manipulating the front section, the steering wheel, and the steering system.

Nevertheless, the Defendant neglected to do so and did not properly proceed on the front side, and did not go on the left side of the road in the direction of the road, and the left side of the victim E (the age of 46) who was crossing the road to the right side was turned back to the left side of the vehicle of the Defendant driving.

As a result, the Defendant’s negligence on the part of the Defendant requires approximately six weeks’ medical treatment to the left-hand side.

2.3. 4 Even though the victim was injured by a sacrificing or closing down of a sacrife, immediately stopped and escaped without taking measures such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. Each photograph;

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, Article 268 of the Criminal Act concerning the crime committed;

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

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] The mitigated area (6-10 months) of mitigation (including special mitigation) [including efforts to recover damage] of mitigation area (6-6-10 months)] of punishment (including serious efforts to recover damage] of a defendant, who committed a crime involving a significant serious traffic accident and escape.

Provided, That the victim was negligent in crossing without permission, and the victim.

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