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(영문) 광주지방법원 2014.09.30 2014고단2972
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for seven 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

The defendant is a person who is engaged in driving a car BMW528.

On June 17, 2014, the Defendant: (a) driven the said car as a business around 02:28, while driving the said car on a two-time basis; (b) driven by a two-time route in Gwangju Seo-gu, Seo-gu along three-lane distance from the upper high school to the upper high school, in violation of the signal, and immediately damaged the said taxi by the victim C (Nam, 32 years old) driving on the left left-hand from the right-hand side of the said car to the left-hand side; and (c) caused the victim E (Seoul and 28 years old) who is the passenger of the said taxi to suffer about two weeks of treatment; (d) at the same time, the Defendant did not immediately repair the said taxi or stop the said taxi without any damage to the 16th left-hand side of the said car; and (e) had the victim E (Seoul and 28 years old) who is the passenger of the said taxi to take necessary measures for treatment for about two weeks; and (e) did not immediately repair the said taxi.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to a traffic accident actual condition survey report, each diagnosis certificate, and written estimate;

1. Article applicable to criminal facts;

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

(b) Unnecessary measures: Articles 148 and 54 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act (the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, between the crime of violating the Road Traffic Act and the crime of violating the Road Traffic Act as indicated in the judgment on the Aggravated Punishment, etc. of Specific Crimes

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that an injury is minor, the fact that the defendant has agreed with the victim, and the fact that he/she has subscribed to a comprehensive insurance);

1. Article 62(1) of the Criminal Act:

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