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(영문) 광주지방법원 2013.07.04 2013고단2188
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 20:45 on April 3, 2013, the Defendant driven a Duschton car and proceeded with two-lanes of the entrance of the Green Village located in the south of Gwangju Dong-gu, Gwangju, as a school guard. The Defendant was negligent in performing driving strokely while neglecting his duty of care to accurately operate the steering system, and neglecting his duty of care to safely operate the steering strokely, and neglected his operation strokely, and due to the negligence of neglecting his driving strokely, the Defendant 5 driving car of the victim C (n, 26 years old) who is signaled in the front bank to the Defendant’s front driver, and the said stroke car was pushedly pushedly sealed in the front of the 5-day passenger car, leading the victim to damage to 5-day driving of the victim E(57 years old) who was parked in the front of the vehicle, thereby causing damage to the victim’s respective 6-day repair 5-day repair 1 to the 5-day repair zone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. C’s statement;

1. Each written diagnosis and written estimate;

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

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The Defendant escaped without taking any measures, even though the scale of the instant accident under Article 62(1) of the Criminal Act is relatively large.

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