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(영문) 전주지방법원 군산지원 2014.07.16 2014고단374
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 who drives a rocketing car.

On March 29, 2014, at around 23:50 on March 29, 2014, the Defendant driven the said car on the front of the grick distance which is located in the Sinsan-si transportation road, and was straighten from the grick distance to the grick distance.

At the time, there was a duty of care to prevent accidents in advance by driving a person engaged in driving a motor vehicle in accordance with the signals, because it was night and at the same time a signal, etc. was installed.

Nevertheless, the Defendant neglected this and received the part of the victim C (the 30-year-old driver)'s drive D, which was under the influence of traffic signal stopping at the front of the front, in front of the right side of the rocketing car.

As a result, the Defendant: (a) had the victim E (WW) who is a passenger of the victim C and the passenger of the said AW-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each written diagnosis and written estimate;

1. Application of evidence on the scene of accident-related Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime by applicable law;

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

1. Selection of imprisonment with prison labor chosen;

1. The mitigation of discretionary mitigation is 1.1.3 of Articles 53 and 55(1)3 of the Criminal Act (including the following favorable circumstances):

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