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(영문) 광주지방법원 2014.07.04 2014고단1078
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 Crane car.

On February 20, 2014, the Defendant: (a) driven the said car on February 20, 2018, driving the said car on a three-lane basis; (b) changed the road in front of the 6-lane of the Dongcheon Village in Seocheon-gu, Seocheon-gu, Gwangju to three-lanes in order to pass right to the Round-dong, while driving from Dongcheon Village to the two-lanes; (c) the victim D (31 years old) driving a vehicle at the right side of the Pool course and driving the vehicle at three-lanes, while driving the vehicle at a three-lane speed, and driving the vehicle at the right side of the Pool-dong in order to avoid collision, the Defendant promptly caused the collision to go back to the right side of the vehicle; (d) caused the victim to suffer damages to the above 10-lane road at the right side of the vehicle, and (e) caused considerable damages to the 10-lane repair vehicle at the same time, and (e) took necessary measures to repair the 10-day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition of a traffic accident, and photograph of a traffic accident;

1. A medical certificate;

1. Application of each written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of recommendations, sentences (at least six months of imprisonment) and the following circumstances on the grounds of sentencing under Article 62(1) of the Criminal Act shall be as follows.

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