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(영문) 광주지방법원 2013.12.19 2013고단4854
특정범죄가중처벌등에관한법률위반(도주차량)등
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A defendant shall be punished by imprisonment for six 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

At around 03:20 on July 13, 2013, the Defendant: (a) caused an injury to the victim E (50 years of age) who was parked in the front side of the said BMW car, such as the “MW car boomed in the Southern-gu Seoul metropolitan area,” which was due to the negligence that he was unable to well take into account the situation of the bMW car on the front side; (b) caused the injury to the victim E (50 years of age) who was on the front side of the said BMW car to receive approximately 10 days medical treatment; and (c) at the same time, the Defendant did not take necessary measures such as immediately destroying the said bM car with the repair cost, such as the exchange of the front fluor, etc. of the said 892,162 won, and promptly destroying the said bMW car.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C (Simplified traffic);

1. A survey report on the actual condition, on-site photographs, and a description of a photograph of the harming vehicle;

1. Application of the Acts and subordinate statutes on a written diagnosis (E) and a written estimate;

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 concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [the decision of a sentence] The traffic crime group. 1.02 traffic accidents and escape [the person under special custody] - In the event of minor injuries by a special mitigation (including efforts to recover damage) (the decision of the recommended area] special mitigation [the scope of recommendation] from March to October (the decision of a sentence] from March to 10 (the decision of a sentence], the defendant while driving a motor vehicle and taking necessary measures.

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