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(영문) 광주지방법원 2012.12.20 2012고단5085
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six 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 July 9, 2012, the Defendant driving a COuss car at COuss car on July 17:30, 2012, and driving the two lanes in front of the Gwangju Seo-gu, Seo-gu at the speed of about 30 km from the second apartment of the Ho-gu, Seo-gu, Gwangju, about the speed of 30 km from the second apartment of the Ho-gu. At this point, the Defendant was negligent in driving the opposite lane due to the negligence of driving the central line from the middle line to the second apartment of the Ho-gu, while neglecting the duty of care to safely drive the two lanes.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim, such as blood transfusions from the right side, which requires treatment for about three weeks, and at the same time, escaped without taking measures such as providing relief to the victim by destroying and stopping the said IM7 car, which is owned by the victim, to the extent that the repair cost would be equivalent to KRW 15,546,806.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F in the court;

1. Some statements of each prosecutor's protocol of examination of the defendant against the defendant;

1. Statement by the prosecution concerning D;

1. Each written diagnosis and written estimate;

1. An initial operation plan at the scene of a traffic accident, a situation report, and a traffic accident report;

1. Application of Acts and subordinate statutes of a criminal investigation report (16 pages);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act (the point of not taking measures after the destruction of property) concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (it shall consider favorable circumstances among the reasons for the relevant punishment);

1. The suspended execution is advantageous to the reasons for sentencing under Article 62(1) of the Criminal Act.

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