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(영문) 광주지방법원 순천지원 2014.08.13 2014고단798
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment for not less than one year and 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 a DNA car.

On March 28, 2014, the Defendant driven the above car at around 20:50, while driving it, led to a two-lane from the erode to the erode parallel, regardless of the two-lane 1-gil 1-gil 2, the front letter, from the erode to the erode.g.

At the time, a crosswalk was installed at night, and in such a case, there was a duty of care to check whether a person engaged in driving service was a person who gets on the way to reduce the speed and to check the right and the right and the right and the right and the right and the right and the duty of care to drive safely.

Nevertheless, by neglecting this, the Defendant, while driving the crosswalk as it is without due care, went back to the right side of the victim E (n.e., the 78 years of age) who crosses the crosswalk from the left side, left the right side of the said vehicle, and left the victim above the ground, and immediately stopped the victim and escaped without taking necessary measures, such as providing rescue to the victim. Ultimately, on March 29, 2014, the Defendant went back to the G Hospital located in the Mayang-si F, Mayang-si, without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1), (2) (2) and a situation report;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning criminal facts, the choice of limited imprisonment;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do111, Jan. 1, 201; 201Do112, Jan. 1,

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;

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