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(영문) 광주지방법원 2014.09.23 2014고단2780
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-to-car.

On June 3, 2014, the Defendant driven the above vehicle at around 07:30 on June 3, 2014, and led to turn to the left at the end of the mountain patrol box of the Gu from the south-gu, Gwangju.

In this case, there was a duty of care to reduce the speed of motor vehicles, to live well on the front left well, and to prevent accidents in advance by safely driving according to the traffic signal.

Nevertheless, while the Defendant neglected this and neglected to turn to the left, the Defendant shocked the front left part of the D-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

As a result, the Defendant suffered injury to the victim, such as “satisfing the bones of clothes,” which requires treatment for about five weeks by occupational negligence as above, and at the same time, destroyed the said Aburged car to be in excess of KRW 2,983,00, such as the exchange of pan-furged car, and escaped without immediately stopping the vehicle and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on the current status of payment of actual survey reports, diagnostic certificates and insurance proceeds;

1. Article applicable to criminal facts;

(a) Escape after an injury resulting from occupational negligence: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act;

(b) Unnecessary measures: Article 148 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act (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 and the Act on the Aggravated Punishment, etc. of Specific Crimes, and the punishment prescribed by the Act on the Aggravated Punishment

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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