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(영문) 서울북부지방법원 2013.08.29 2013고단1318
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

The Defendant is a person engaging in driving a rocketing car.

On May 1, 2013, the Defendant driven the said car at a speed of 20 to 30km from the offline to the offline of the Nowon-gu in Seoul Special Metropolitan City, while driving the said car at a speed of 20 to 30km from the offline.

At the same time, there are several vehicles parked along the edge of the two-lanes of the above road, and thus, the driver had a duty of care to prevent accidents by accurately manipulating the front section and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care.

Nevertheless, the Defendant neglected this and parked at the edge of the above two-lanes, while driving the Epoter II cargo loaded on the left side of the said two-lanes, the Defendant received the injury of spokes, etc. in front of the vehicle driving by the Defendant, which requires approximately three weeks of medical treatment, and received the injury of spokes, etc. from the above victim FF (the age of 44) who was on board the Defendant’s vehicle, and received two spokes, etc. in need of medical treatment of date in the same manner as well as escape without taking necessary measures, such as providing relief to the victim FF (the age of 540,349).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A medical certificate;

1. Written estimate;

1. An investigation report (in case of an emergency room for the same passenger on the suspect's vehicle attached to the F medical records);

1. Application of each statute on photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act (the point of imposition after the destruction of property);

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 error under Article 62-2 of the Criminal Act in regard to orders to provide community service and attend lectures;

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