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(영문) 대전지방법원 논산지원 2013.04.30 2012고단592

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person driving a CM5 vehicle.

On November 17, 2012, the Defendant was driving the said car at around 17:00, while driving the said car and driving the Cheongdong-gu, Cheongdong-gu, Cheongsan-si, Cheongsan-si, Cheongsan-si into Daejeon-si, Seosan-si, Seosan-si.

On the other hand, due to occupational negligence found the vehicle coming from the opposite lane and returned rapidly to the original lane, the part above the upper left side of the E E E E E E E E E E E E E E E E E E E E E E E E E E E E, which was driven in the same direction behind the said vehicle.

As a result, the Defendant suffered bodily injury, such as light finites, which requires medical treatment for about 10 days, and at the same time, even though the damaged vehicle has damaged its repair cost amounting to KRW 236,596, the Defendant stopped immediately and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court (the second court date);

1. Statement made by the police on D;

1. Application of each Act and subordinate statute to include a survey report, a diagnosis report, and a quotation;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

1. Punishment provided for in Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following circumstances specified in the reasons for sentencing):

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. The scope of applicable sentences: Imprisonment for six months to fifteen years;

2. Sentencing criteria:

(a) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Determination of the type), traffic crime group, and escape after traffic accidents;