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(영문) 광주지방법원 2018.05.24 2018고단1139
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who is engaged in driving a Bchip car.

On January 16, 2018, the Defendant driven the above car at around 00:10, and caused the victim G (8 years old) who is a passenger of the 5-day passenger car in Gwangju Seo-gu to suffer a confluoral fluoral fluor, which requires the treatment of each two-day week, to a profluoral fluor, which is a profist, in which he neglected to perform the duty of pre-fluoring on the road, and to a profistal f (50 years old) of the victim E (5 years old) who temporarily stops for traffic in the front direction of the Defendant’s proceeding, due to occupational negligence, failed to perform the duty of pre-fluoring on the road. At the same time, the Defendant did not immediately stop the back part of the 5-day passenger car as the front part of the franchise and caused damage to the victim and the passenger G (8 years old) who is a passenger of the 5-day passenger car, and did not immediately stop it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. Each written diagnosis;

1. Written estimate;

1. Application of the Acts and subordinate statutes concerning the output of black stuffs and video files;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable condition: The crime of this case committed by the defendant while driving a alcohol while causing a traffic accident, resulting in the injury to two victims, and attempted to flee without taking necessary measures, such as aiding the damaged vehicle and aiding the injured party.

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