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(영문) 광주지방법원 해남지원 2014.09.03 2014고단44
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not more than ten 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

On October 24, 2013, the Defendant is a driver of CSP car. On or around 13:45, the Defendant: (a) driven the said car and driven the two-lane road in front of the E-cafeteria Do in front of the frontnam-do D along the one-lane in the direction of modern apartment apartment in the front of the front e-Eup Myeon; (b) was negligent in the course of driving the center line by driving while driving in the direction of the modern apartment, and (c) was driven by the driver of the victim FF (71 years old) driving proceeding in front of the direction of the Defendant; and (d) was driven by the victim on the left side of the said car and sustained the injury, such as the closure of the body frame in front of the upper Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F and H;

1. Each written diagnosis (F);

1. Blue boxes and video CDs;

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime;

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

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

1. Judgment on the defendant's assertion of Article 62-2 of the Criminal Act regarding community service and lecture attendance order

1. Although the defendant alleged that he had inflicted an injury by shocking the victim, the defendant was only aware that he was faced with the pents by driving at the time, and the defendant was not aware of the shocking facts of the victim. Thus, the defendant did not escape.

2. Determination

A. "Cases where a driver runs away without taking measures under Article 50 (1) of the Road Traffic Act, such as aiding a victim under Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" means cases where the driver of an accident knows that the victim was killed due to an accident, but provides relief to the victim, etc.

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