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(영문) 전주지방법원 2018.02.20 2017고단2288
특정범죄가중처벌등에관한법률위반(도주치상)
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 5, 2017, the Defendant is a person engaged in driving a C-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing, the Defendant driven the said car at around 20:30 on November 5, 2017, and led the road of three lanes in front of the Hasheing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-W

At that time, there was a center line of yellow solid lines, so in such a case, there was a duty of care to thoroughly operate the driver in the front line and safely drive the car line.

Nevertheless, due to the negligence that the Defendant had been under the influence of alcohol without reducing speed, the Defendant received the front portion of the Grane car, which was driven by the Victim F(31) who was stopped in the opposite part of the Defendant, in front of the left side of the Defendant’s vehicle.

Ultimately, even though the Defendant suffered from the injury of the victim H (V, 32) who is a partner of the victim and the passenger car of the franchise, due to the above occupational negligence, the Defendant immediately stopped and escaped without taking measures such as aiding the victims, even though he was in need of approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Reporting on the occurrence of a traffic accident;

1. Report of investigation (specific suspect);

1. Application of Acts and subordinate statutes of each written diagnosis;

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 committed;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that vehicles are covered by comprehensive insurance, the degree of damage to victims is relatively small, and the defendant has no type of criminal record identical to this case in the past.

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