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(영문) 전주지방법원 2015.02.13 2014고단2112
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

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

On August 17, 2014, the Defendant driven the above car at no later than 21:45, while driving the car at no later than 1:3-lanes in front of the building at no later than 1:3-lanes in the gold-gu, Kim Jong-si.

At the time, the passenger car of the victim G (the age of 26) was under way at the front of the Defendant’s driving direction, and in such a case, the Defendant, who is engaged in driving, had a duty of care to look at the front and rear left, accurately manipulate the steering direction and operation devices, thereby preventing the accident.

Nevertheless, while neglecting this, the Defendant found it late to reduce the speed of the above G while driving the vehicle as it is, due to negligence of the Defendant’s failure to avoid it, suffered bodily injury such as salt, tensions, etc. by taking the victim’s left-hand part of the vehicle back to the right-hand part of the Defendant’s vehicle, resulting in the victim’s injury, such as light chills, tensions, etc. requiring treatment for about two weeks. Even though the above free-hand vehicle was damaged to repair cost of KRW 244,150, the Defendant stopped immediately and escaped without taking measures such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the prosecutorial statement concerning G;

1. Protocol of each police statement concerning G;

1. A report on a traffic accident (1) a report on actual condition and a report on a traffic accident (2) an on-site map;

1. On-site evidence photographs of a traffic accident;

1. A medical certificate;

1. Application of the written estimate statutes;

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, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.

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