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(영문) 광주지방법원 2013.06.26 2013고단1835
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 27, 2013, at around 06:40, the Defendant driven a 1 ton B 1 ton cargo vehicle and proceeded from the front side of the Berter Construction Distance in Seo-gu, Seo-gu, Gwangju to approximately 20 km at a speed of about 20 km between the eight-lanes and the eight-lanes. On the other hand, the Defendant, in violation of the signal at the intersection of the construction distance of the said Bererian Construction Road, was driven by the victim C (39 years old) who was left to the left in accordance with the new subparagraph due to the occupational negligence, in violation of the signal, and caused the D that the part on the right side of the XG car to the front part of the said cargo vehicle.

As a result, the Defendant suffered from the injury of saved salt pans, etc. that requires treatment for about two weeks, and at the same time, the Defendant escaped without immediately stopping the save to take necessary measures, such as providing relief to the victims, even though the saves, etc. of the said car are damaged to require repair costs to be 1,182,727 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition of traffic accidents;

1. Written estimate and written diagnosis;

1. Application of Acts and subordinate statutes governing traffic accident photographs;

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 issue after the accident);

1. Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the injured party was not significantly injured, the fact that the accused agreed with the injured party, the fact that the driving vehicle of this case is covered by a comprehensive insurance policy, and the fact that the accused deeply reflects his fault);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for discretionary mitigation repeated);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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