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(영문) 청주지방법원 2014.08.21 2014고단328

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for one year.

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

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, D, and E;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. Reports on occurrence of traffic accidents, actual condition investigation reports, investigation reports (to hear statements by police officers dispatched to the scene), investigation reports (to verify the distance of escape of a suspect);

1. Each written diagnosis and written estimate;

1. Application of each statute on photographs;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime by applicable law;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Judgment on the issue of Article 62-2 of the Criminal Act regarding an order to attend a lecture

1. In light of the legislative intent and legal interest and protection of Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148 of the Road Traffic Act, in a case where it is not deemed necessary for an accident driver to take measures under Article 54(1) of the Road Traffic Act, such as providing relief to the victim in fact, taking into account the details and contents of the accident, the age and degree of the victim, and the part and degree of the injury, and the circumstances after the accident, etc., the accident driver does not take measures such as providing relief to the victim, and even if the accident driver leaves the place of the accident, it does not constitute a crime of Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes or a crime of Article 148 of the Road Traffic Act. However, the existence of the need to take measures at the time of the accident shall be determined by taking into account the victim’s injury level and degree, the circumstances after the accident, the period, time,