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(영문) 전주지방법원 정읍지원 2014.11.18 2014고단457
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 15:20 on August 26, 2014, the Defendant, who is engaged in driving a car in a DNA halogal Gu, was driving in one lane between the two-lanes, namely, a speed of about 80 kilometers between the two-lanes at the speed of the ancient-gun and the two-lanes at the speed of about 15:20 on August 26, 2014.

Since there is a road where a central line is installed, the defendant has a duty of care to proceed along his own lane.

Nevertheless, the Defendant neglected to do so and went on the front left side of the Defendant’s front left-hand side of the Victim E (W, 53 years old) driving, which was going on the opposite lane due to the negligence of the Defendant’s failure to go on the center line.

As a result, the Defendant, by the above occupational negligence, escaped from the seat of the victim as a stop by a scarcity with a scarcity.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to G and H;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Article 5-3 (1) 1 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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the point of covered comprehensive insurance and the agreement with the victim);

1. Social service order under Article 62-2 of the Criminal Act;

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