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(영문) 서울중앙지방법원 2013.06.14 2013고단2034
특정범죄가중처벌등에관한법률위반(도주차량)등
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Around 00:50 on November 10, 2012, the Defendant was driving a B BG car and proceeded about about 30 km at the speed of 4797 if the 5-lane 5-lane Do road was in front of Sungnam-nam-si, by the air-suring market at the parallel of the above 5-lane. At night at that time, at that time, there was an intersection where the 5-lane is installed on the right side of the road at the night, and at that place, there was a duty of care to reduce the speed and prevent accidents by driving the car well, while driving the car at the intersection, the Defendant was negligent in performing the duty of care to reduce the speed and to prevent accidents. However, even if there was a duty of care to prevent accidents, the Defendant got off the front part of the car driven by the Defendant with the front part of the 5-lane Do road, and the victim did not suffer injury to the right side of the 3-day Do road and the front part of the 4-day Do road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Statement of the actual survey report;

1. Application of each Act and subordinate statute of a written estimate or written diagnosis;

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 Road Traffic Act (the point of not taking measures after the destruction of property) concerning the crime;

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 of the Criminal Act for discretionary mitigation.

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