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(영문) 서울중앙지방법원 2015.04.03 2015고단996
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 engaged in driving a C-A-Wurt Motor Vehicle.

On December 4, 2014, at around 08:17, the Defendant: (a) while driving the said vehicle and driving the said vehicle in order to drive the three-lane of the five-lane of “Ecafeteria” located in Da in Sungnam-si, and driving the three-lane of “Ecafeteria” in front of the five-lane of “Ecafeteria” located in Da in the Sinnam-si, the Defendant failed to properly examine the front and rear left, and tried to change the two-lane of the two-lane, by negligence, while trying to change the two-lane of the FF driving of the victim, who is proceeding two-lanes in accordance with the left left-hand turn, the Defendant did not immediately stop the said vehicle by causing the victim to suffer about three weeks’s salt and tension, which requires medical treatment, and at the same time, did not immediately destroy the above SP motor vehicle’s repair cost, 479,34 won in total, and did not immediately stop.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement concerning F;

1. A traffic accident report;

1. Each photograph;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Criminal Act (the point of failing to take measures after the accident);

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., the penology, the fact that the victim has agreed with the victim, and the extent of damage is minor);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. Social service order under Article 62-2 of the Criminal Act;

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