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(영문) 광주지방법원 2014.02.14 2013고단5295
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 rocketing car.

On July 4, 2013, the Defendant driven the said car on July 17:4, 2013, and proceeded at approximately 30 km each speed from the apartment on the side of the apartment road on the side of the department store to the intersection of the lurssium on the other side of the department store in Gwangju Seo-gu, Seo-gu.

At the time, since a large number of roads was down and down, persons engaged in driving a vehicle have a duty of care to reduce the speed to those engaged in driving the vehicle, to accurately operate the steering system, brakes and other devices of the vehicle, to make a good report on the front and the traffic situation, and to prevent accidents in advance by driving the vehicle safely.

Nevertheless, the Defendant neglected this and failed to properly stop at the front time, and caused a panion by the victim E (the age of 19) who was standing in front of the signal waiting direction, following the FF-learning car driven by the victim E (the age of 19).

As a result, the Defendant suffered injury to the victim E, the victim G (the age of 19), and the victim H (the age of 19) by negligence in the course of performing the above duties, respectively. The Defendant did not take necessary measures, such as destroying the above-learning passenger car to be 619,747 won at repair cost and taking relief measures, but escaped from the site.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. The actual survey report and the accident site photograph;

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 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 of punishment Article 53 and Article 55(1)3 of the Criminal Act (the following grounds for sentencing) 1.

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