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(영문) 광주지방법원 순천지원 2014.07.02 2014고단618
특정범죄가중처벌등에관한법률위반(도주차량)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 19:00 on March 1, 2014, the Defendant driving a Cpool car and continued to drive a four-lane of Manyang-Eup Sacheon-do Sacheon-do in lightyang-do along the two-lanes from the luminous slope to the Seosan-si.

At the time, night, it was difficult to reduce the length, and there was a duty of care to safely drive the steering staff by accurately manipulating the steering and operating the steering gear.

Nevertheless, the Defendant neglected to do so and stopped in the front of the traffic signal at the front side by negligence, and received the part of the victim's E-Wood vehicle, following the left side of the victim's E-Wood vehicle, which was parked in the front of the right part of the said Poter vehicle.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during approximately three weeks of medical treatment, and at the same time, the Defendant destroyed the said Aburged car owned by the victim to use the said Aburged car in exchange for the pan-frier, and escaped without immediately stopping and taking necessary measures, even though it damages the 323,475 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 148 and Article 54 (1) of the Road Traffic Act concerning the crime (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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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