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(영문) 전주지방법원 남원지원 2013.11.19 2013고단232
특정범죄가중처벌등에관한법률위반(도주차량)
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

On August 20, 2013, the Defendant driven the said car on August 20, 2013, and led to the progress of the road in front of the studio in the "Yari" in the Southern Chang-gun, Chang Chang-gu, Seoul.

At the time, since it was night and there was a house, there was a duty of care to safely drive a person engaged in driving service by checking well the front left left.

Nevertheless, the defendant did not discover the victim C (the age of 49) who was under way on the front side of the defendant's vehicle due to negligence while neglecting this, and received the front part of the motor vehicle operated by the defendant.

Ultimately, even though the Defendant had the victim suffer from an injury to the climatic and the climatic salt, etc. for about three weeks of medical treatment by occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Investigation report (related to the awareness of the B vehicle), response to the request for appraisal;

1. Application of investigation reports (related to the re-transmission of the situation at the time of the accident), investigation reports (related to the attachment of CCTV recording data for the piracy) (related to the attachment of such data);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. The scope of punishment: Imprisonment for not less than six months but not more than fifteen years;

2. The scope of sentence recommended on the sentencing guidelines [criminal types] traffic crimes, escape after traffic accidents, and escape.

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