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(영문) 서울남부지방법원 2014.02.05 2014고단94
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a set of car B.

On December 11, 2013, the Defendant driven the above car on December 03:45, 2013, and proceeded the front distance road of the Southern District Office of Education located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu with the view of the Yeongdeungpo-gu Police Station as the front direction of the National Assembly.

The Defendant was negligent in using a mobile phone while driving the vehicle at the time while driving the vehicle, and was driven by the victim C (year 45) who was in the front of the signal signal while driving the vehicle at the time, and was driven by the victim C (year 45) who was in the front of the signal and received the left part of the taxi after the taxi.

As a result, the Defendant suffered from a fluoral finite, which requires a victim to receive approximately three weeks of medical treatment by occupational negligence, and even though the Defendant damaged a passenger car owned by the victim to have an amount equivalent to KRW 868,358, the Defendant escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident (for initial taking measures);

1. Statement on the occurrence of a traffic accident (C);

1. A medical certificate;

1. Application of the written estimate statutes;

1. Relevant Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, as to the crime, and Articles 148 and 54 (1) of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that the defendant reflects his/her mistake and that he/she agreed with the victim);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (the grounds for discretionary mitigation are repeated);

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