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(영문) 의정부지방법원 2018.09.05 2018고단2447

특정범죄가중처벌등에관한법률위반(도주치상)

Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was a person who is engaged in driving of BMW car, and was driving the said car on April 1, 2018 at around 19:30, while driving it at around 19:30, the Defendant was driving at a speed of about 20 km from the end of the Da in Kimpo-si, Kimpo-si.

Since other vehicles are parked in the vicinity of the time, there was a duty of care to reduce speed as a person engaged in driving service and properly manipulate the steering and brake system and to safely drive it.

Nevertheless, the Defendant left the vehicle immediately and left the vehicle at the rear of the Defendant, due to the negligent negligence, and escaped without taking necessary measures, such as immediately stopping the vehicle and providing relief to the injured party, after receiving the driver’s seat of the FW car, and then receiving the driver’s seat of the FW car from the penter and the part of the above BM car to the penter and the part of the penter, which was parked at the rear of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. G statements;

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

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and imprisonment with prison labor for the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. 수강명령 형법 제 62조의 2 양형의 이유 [ 대법원 양형기준에 따른 권고 형의 범위] 교통범죄 군 > 교통사고 후 도주 > 제 1 유형( 치상 후 도주) > 감경영역( 처벌 불원, 6월 ~1 년) [ 선고형의 결정] 피고인이 급하게 후진하던 중 뒤쪽에 있던 차량 2대와 컨테이너 건물을 차례로 들이받고 그 과정에서 차량 운전자 1명에게 상해를 가하고도 차량 사고를 접수해 주는 시늉을 하다가 그대로 현장을 이탈하여 도주한...