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(영문) 광주지방법원 2014.11.11 2014고단3418
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 of the final judgment.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-in Vehicle) is engaged in driving a passenger car in B Spo-type area.

Around 08:30 on July 10, 2014, the Defendant: (a) driven the said car on the front side of the crosswalk, Seo-gu, Seo-gu, Seo-gu, Gwangju, and proceeded along five-lanes along the five-lane road from the distance from the road along which a signal, etc. of KBS distance is installed; (b) by negligence, when the Defendant proceeded in violation of the signal, the victim C (Nam, 19 years old), a victim D (Nam, 19 years old), who crosses the right side of the crosswalk to the right side of the crosswalk in accordance with the signal of the pedestrian traffic, was taken as the front side of the said car; and (c) the victim C, as a consequence, has distributed the right side of the said car to the left-hand side requiring a two-day medical treatment; and (d) has suffered about two weeks of a multi-road gambling, which requires a two-day medical treatment to the victim D, and did not immediately stop and take measures, such as providing relief to the victim.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a passenger car in the B SP paper.

The Defendant operated the said car without mandatory insurance at the above temporary location.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of prosecutorial statement concerning E;

1. Statement of D police statement;

1. Statement on the occurrence of each traffic accident, and actual investigation report on the traffic accident;

1. Application of Acts and subordinate statutes to mandatory insurance associations and medical certificates;

1. Article applicable to criminal facts;

(a) Desertion after occupational injury: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act;

(b) Operation of motor vehicles which are not mandatory insurance: Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act, and selection of imprisonment.

1. Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 53 of the Criminal Act for discretionary mitigation.

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