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(영문) 광주지방법원 2016.06.16 2016고단1366
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, for two years from the date this judgment became final and conclusive, the above sentence shall be executed.

Reasons

Punishment of the crime

On March 26, 2016, at around 14:55, the Defendant driven a Bchip car and proceeded five lanes in front of the Convention Center in Seo-gu, Seo-gu, Gwangju, along the two-lanes of the road from the upper trade direction to the original intersection. On the other hand, the Defendant saw DK5 automobiles driving from the victim C (45 years of age) who was under the traffic signal waiting at the opposite line due to occupational negligence while driving on the opposite line while neglecting the duty of the front line, and vice versa the front portion of the H car driving from the top part of the G (29 years) to the front part of the franchise.

The Defendant, due to such a traffic accident, she sustained approximately KRW 9,396,02 of the repair cost for the passenger car and KRW 6,530,483 of the repair cost for the passenger car to be driven by the victim I (n, 23 years of age), and the victim J (n, 30 years of age) who was on the victim E with the passenger car set at the victim E and the victim J (n, 30 years of age) who was on the passenger car set at the victim E and the victim J (n, 30 years of age). At the same time, the Defendant got about KRW 9,396,02 of the repair cost for the passenger car to be driven by approximately KRW 6,530,483 of the repair cost, and escaped without immediately stopping the vehicle and taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. A written statement on the occurrence of G traffic accidents;

1. A traffic accident report;

1. Each written diagnosis;

1. Written estimate;

1. The application of Acts and subordinate statutes to a report on investigation (104 Myeon);

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 54 (1) of the Road Traffic Act concerning the crime (a point of absence of measures after an accident) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, such as observation of protection, community service order, and order to attend lectures.

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