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(영문) 광주지방법원 2013.05.07 2013고단1154
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 drives a taxi for business use B as his/her duties.

On November 27, 2012, the Defendant driven the above vehicle on November 27, 2012, and led the two-lane road in front of the cultural middle school located in the Masan-dong in Gwangju Northern-gu from the cultural middle school to the driving range.

Since there is a U-turn-prohibited area where a central line is installed on the surface, the part on the right side of the victim C(31 years old) driver's D, who was in the first lane of the opposite part, did not make a U-turn, due to the negligence on the part of the defendant's driver's vehicle, and caused the victim to go beyond the floor.

At the same time, the Defendant, by the foregoing negligence, sustained injuries to the right-hand salt of the climatic, climatic, climatic, and climatic salt in need of treatment for about two weeks, and, at the same time, did not immediately stop the vehicle to rescue the victim, and did not take necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A survey report on actual conditions, photographs of the scene and vehicles involved, and a report on investigation into telephone;

1. Application of the Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, 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 of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, etc. [Decision of Punishment] Traffic Crime Group. A traffic crime group after having been injured on January 1, 202 after a traffic accident, and escape (Specially Convicted Persons] - Where a minor injury, who is a special mitigation, has occurred (1 and 2) (the decision of the recommendation field] mitigated range.

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