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(영문) 광주지방법원 2013.03.12 2013고단132
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 engaging in driving a car B.

On December 29, 2012, the Defendant driven the said car under the influence of 0.245% of blood alcohol concentration on 21:20, while driving the said car, and driving it to the high-tech oriental medical hospital from the direction of the Paris High School located in the monthly-dong of Gwangju Mine-gu, the Defendant was due to the negligence of driving by the center line of yellow domin-line installed at that place, and the part of the pentum in front of the driver’s seat of the D car driven by the victim C (n., 44 years old) who is parked on the mawn Road pursuant to the stop signals of the vehicle on the mawn Road was driven in front of the driver’s seat of the Defendant.

At the same time, the Defendant, by such occupational negligence, sustained an injury to the victim on the climatic flock that requires a treatment for about two days, and at the same time, avoided the victim’s car to require repair expenses equivalent to KRW 2,362,679 by exchanging the front clifl, etc., and escaped without immediately stopping and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, actual condition survey report (1) (2) and photographs of the accident site;

1. Report on the circumstantial statement of the driver and report on the detection of the driver;

1. Application of Acts and subordinate statutes to a vehicle repair estimate, written opinion, and written entrustment;

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, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Crimes under Articles 40 and 50 of the Criminal Act among the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crimes of violation of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

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