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(영문) 광주지방법원 2015.04.23 2015고단352
특정범죄가중처벌등에관한법률위반(도주차량)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above sentence 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 KS7 car.

On January 18, 2015, the Defendant driven the above car at around 23:30, and turned the five-lane road in front of Gwangju Seo-gu, Seo-gu, Seogdo from the bank of Korea shooting distance room to about 10 km per hour depending on the city speed.

At this time, there is a center line of yellow solid lines, and in such a case, there was a duty of care to prevent accidents in advance by making a safe internship at the permissible place of U.S. as a person engaged in driving of a motor vehicle is in a night.

Nevertheless, the Defendant neglected to do so and was on the part of the victim D (year 41) who dried a road on the right-hand part of the said car driven by the Defendant by negligence going beyond the central line.

Ultimately, even if the Defendant suffered injuries, such as salt, tension, etc. in the part of the main body of the victim, which requires treatment for about two weeks by occupational negligence as above, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual survey report on traffic accidents;

1. A medical certificate;

1. Application of the statutes governing traffic accident photographs;

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 same crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The reason for sentencing under Article 62(1) of the Criminal Act where the victim was negligent in causing traffic accidents or expanding damage even to the victim in the area of special mitigation (3 to 10 months) (special mitigation) (special mitigation) after traffic accidents, the occurrence of minor injury (1 to 2) and the damage resulting from the failure to punish.

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