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(영문) 서울남부지방법원 2013.03.15 2013고단339
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 is engaged in driving a PP car.

On December 28, 2012, the Defendant driven the above vehicle at around 23:30 on December 28, 2012, and led the Defendant to proceed to the direction of the Gu ICT from the direction of the Gawing-distance, Guro-gu Seoul Metropolitan Government, the 125-34 Gu, an elevated one-lane of the two-lanes adjacent to the elevated one.

The Defendant’s negligence, which did not properly examine the front left, led the victim C(the age of 26) who is in the atmosphere of the signal at the front of the vehicle in the front of the vehicle in front of the Defendant’s driving.

The Defendant, by these occupational negligence, caused the victim E (the 24 years old, female) who is a passenger of the said A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. A traffic accident report (1), 2 (2);

1. A scene of an accident and photograph of an accident vehicle;

1. Application of written estimates and written diagnosis to Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime committed;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., the first offender, the injury of victims is relatively minor, and comprehensive insurance is subscribed);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for discretionary mitigation);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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