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(영문) 광주지방법원 2018.10.25 2018고단3308
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

The defendant is a person who is engaged in driving a CP car.

On July 15, 2018, the Defendant driven the above car at around 19:00 and proceeded to the 1119 U.S. library near the 119 U.S. P. P. P. P., the Defendant got a U.S. to go to the U.S. library on the right side of the U.S. market.

There is a road where the center line of yellow solid lines is installed, and the other vehicle is in operation on the opposite lane, so there was a duty of care to safely operate the driver by accurately operating the steering and steering system.

Nevertheless, the defendant neglected this and caused the victim F (F, 60 years old) on board the above city bus in order to find the defendant's car and avoid the collision with the driver's car in the two-lane of the opposite direction due to the negligence of the driver's negligence of the central line.

Although Defendant 1 suffered injury to the victim, such as cutting the body frame of the 12 week, which requires the treatment of the victim due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a comprehensive investigation report;

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

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 key issue determination of Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to Attend Community Service and Order to Attend Education, and Article 62-2 of the Act on the Observation, etc. of Protection, etc., refers to the Defendant’s normal progress at the opposite lane

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