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(영문) 서울동부지방법원 2013.06.12 2013고단916
특정범죄가중처벌등에관한법률위반(도주차량)등
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 of the final judgment.

Reasons

Punishment of the crime

At around 20:00 on April 11, 2013, the Defendant, a person engaged in driving a B-to-pp motor vehicle, was driving the four-lane road in front of the road ecological park in Gangdong-gu Seoul Metropolitan Government at a speed of about 40km from the right side to the right side of the road along the two-lane. In the event of a change of the vehicle, the Defendant was negligent in driving the direction, etc. to give notice of a change of course, and was obliged to change the vehicle by taking into account the traffic situation of the front and rear left side, and received the right side of the vehicle in front of the road driving by the victim C, who was driving along the four-lane of the said road.

The Defendant, due to the above occupational negligence, suffered injury to the above victim, such as a scam and scamum base, etc., which requires approximately two weeks of medical treatment, and at the same time, escaped without taking necessary measures, such as stopping, even though the repair cost, such as a 1,879,000 won, such as a scam-to-cam seal, was damaged to the extent that the above scam-to-kick

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual survey report and the report on the occurrence of any traffic accident;

1. Application of 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, Article 148 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes;

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 Act is that the defendant is punished twice by a fine.

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