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(영문) 광주지방법원 순천지원 2015.02.06 2014고단2063
특정범죄가중처벌등에관한법률위반(도주차량)
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

The defendant is a person who is engaged in driving of B-ro taxi.

On August 24, 2014, the Defendant driven the above taxi on August 24, 2014, and led the Defendant to drive the said taxi bypassing one way in front of the singing room located in C at the net city C from the direction of the Saturday restaurant to the flow of the Ucheon cooling water.

At the same time, there is a duty of care to live the front door and drive the motor vehicle safely.

Nevertheless, the Defendant neglected this and proceeded with the head part of the victim E (the age of 42) who was sponsed with the wheels of the above taxi as the front part of the taxi.

Although the Defendant suffered an open room for the victim to receive approximately three weeks of medical treatment by occupational negligence as above, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report (one report);

1. The actual condition survey report;

1. On-site evidence and photographs;

1. A medical certificate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime committed;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the reasons for the punishment in prison);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. The reason for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] The reason for sentencing under Article 62-2 of the Order to Attend a lecture in the case where there is considerable negligence in the occurrence of traffic accidents or the expansion of damage to the victim (special mitigation) in the area of special mitigation (3 to 10 months) after traffic accidents, self-denunciation [decision of sentence] imprisonment with prison labor for six months, suspended sentence two years, and the defendant's crime committed for forty hours in the course of compliance driving lecture, but the defendant is not subject to such case.

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