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(영문) 창원지방법원 진주지원 2004. 6. 23. 선고 2003고단367 판결
[특정범죄가중처벌등에관한법률위반(도주차량)·도로교통법위반][미간행]
Escopics

Defendant

Prosecutor

Filii Kim

Defense Counsel

Law Firm Seo-Gyeong, Attorney Park Jong-sik

Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. One day under confinement before this judgment is pronounced shall be included in the above sentence;

Criminal facts

On or before August 29, 2002, the Defendant operated a gallon vehicle owned by Nonindicted 1 on or around 06:42 (vehicle number omitted) and operated a gallon vehicle owned by Nonindicted 3 at the same time, along with the first line from the front side of the Jannam-gun, Jinnam-gun to the front side of the Jinnam-gun, Jinnam-gun, the Defendant: (a) while driving a gallon vehicle in front of the galsium in the front side of the Jinnam-gun, the Defendant was able to overtake the passenger vehicle in front of the (vehicle number omitted) operated by Nonindicted 1; (b) by the negligence of entering the front side of the Defendant vehicle to the right side of the front side of the vehicle; (c) at the same time, Nonindicted 1 got out of the front side of the gallon to the right side of the vehicle; and (d) by the victim’s gallon that caused the damage to the right side of the vehicle; and (c) by the victim’s 1 to the left side.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness’s respective legal statements made by Nonindicted 1, Nonindicted 4, Nonindicted 2, Nonindicted 5, Nonindicted 6, Nonindicted 7, Nonindicted 8, and Nonindicted 9 (part)

1. Examination protocol of the accused by prosecution;

1. Each of Nonindicted 1, Nonindicted 5, and Nonindicted 6’s written statement, prosecutor’s office, and police protocol

1. Each police statement made against Nonindicted 4 and Nonindicted 2

1. A report on the results of appraisal, a reply and an inquiry;

Application of Statutes

1. Relevant Articles and choice of punishment on the facts constituting the crime;

Article 5-3(1)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational death), Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational injury), Articles 106 and 50(1) of the Road Traffic Act (the point of non-measures after occupational injury or damage

1. Formal concurrence and choice of punishment;

Articles 40 and 50 of the Criminal Act (The provisions of Articles 40 and 50 of the Criminal Act on the Aggravated Punishment, etc. of Specific Crimes against Escape after Death with the largest punishment shall be punished, but the choice of limited imprisonment shall be

1. Appraisal of quantities;

Articles 53 and 55(1)3 of the Criminal Act. Article 55(1)3

1. Calculation of days of detention;

Article 57 of the Criminal Act

Judges Kim Jong-ok

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