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(영문) 부산지방법원 동부지원 2015.10.21 2015고단1379

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 July 16, 2015, at around 20:35, the Defendant: (a) driven a B-W-purd car, and (b) obstructed the intersection of the first apartment of the same Switzerland located in the front of the apartment unit located in the Busan-gun, Busan-gun, in the middle of the month at the right-side of the apartment at the right-side of the above apartment, and took charge of the left-hand turn to the right-hand turn at the right-hand turn-hand turn-off from an occupational fault; and (c) operated the victim C (the 45-year-old driver) who was directly under the new title with LHHju apartment room at the entrance of the tunnel at the right-side, the Defendant did not immediately stop the vehicle owned by the victim to the extent of KRW 3,722,739, and did not take necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 54 (1) of the Road Traffic Act (the point of escape after occupational injury), Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act is that the crime of this case is not good and that the defendant does not agree with the victim, etc. requires strict punishment against the defendant.

However, the defendant's mistake is divided, the defendant left the scene and returned to the scene of the accident after about ten minutes, the defendant's community service order is also sentenced together with the suspended execution of imprisonment, and the defendant's age, character and behavior, environment, motive for the crime.