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(영문) 대전지방법원 논산지원 2013.07.02 2013고단74

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

At around 22:05 on January 31, 2013, the Defendant, while driving a Dok-type cargo vehicle and driving a three-distance external road at the Dok-type Dok-type Dok-type Dok-type in the Doksan Dok-si from the Doksan Dok-si, the Defendant received the full left-hand part of the Defendant’s driving vehicle on the left-hand side of the victim’s Dok-type Dok-type car driving at the center of the center line, due to the occupational negligence going through by the center of the center line,

As a result, the Defendant suffered injury to the throst, etc. in detail, which requires medical treatment for about three weeks, and at the same time, even though the damaged vehicle was damaged by KRW 4,295,876, 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;

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 extenuating circumstances among 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. Scope of punishment: Imprisonment with prison labor for not less than six months nor more than fifteen years (ordinary concurrence, choice of imprisonment, and discretionary mitigation);

2. Sentencing criteria:

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes [Determination of Penalty] Transport Crime Group, and Escape Type 1 (Desertion after Injury): Reduction Area: Imprisonment with prison labor for 6 months from 6 months to 10 months: Penalty not to be imposed.