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(영문) 광주지방법원 순천지원 2016.01.22 2015고단2343
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a set of car B.

On September 12, 2015, the Defendant driven the above vehicle on September 12, 2015, and led the vehicle to proceed to the direction of the road in the public parking lot in front of the net City C.

At the time, the parking lot is the passage of the defendant, and the victim D (the 25 years old and the 27 years old) and E (the 27 years old and the 27 years old), so in such a case, the driver of the motor vehicle has a duty of care to take care of the pedestrian's situation well and safely to prevent the traffic accident in advance.

Nevertheless, the Defendant neglected to do so and was negligent in proceeding with the Defendant’s vehicle and received the victims as the front part of the vehicle.

Ultimately, the Defendant, by negligence in the course of performing the above duties, suffered from the injury of salt and tension to the above victim D in need of approximately two weeks of treatment, and from the victim E in need of approximately two weeks of treatment, he immediately stopped and escaped without taking necessary measures, such as providing relief to casualties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 committed;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service and order to attend a lecture [the scope of recommended punishment] In the event of minor injury (the person with special mitigation) in the mitigation area (6-10 months to 10 months) (the person with special mitigation) (the person with special mitigation)] after a traffic accident, the sentence like the order shall be determined by taking into account the circumstances, such as (i) the degree of injury, but not the degree of injury, (ii) the degree of injury, and (iii) the fact that the person has yet to be aged as the first offender.

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