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(영문) 의정부지방법원 2013.04.23 2013고단445

특정범죄가중처벌등에관한법률위반(도주차량)

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 became final and conclusive.

Reasons

Punishment of the crime

Around 12:50 on December 19, 2012, the Defendant driven a C-Scar car and proceeded with a road near 559-2, 00 Yan-Eup, Yan-ri, Yan-ri, Yan-ri, Yan-ri, Yan-ri, Yan-ri, Yan-ri, Yan-ri, Yan-ri, Yan-ri, Yan-ri, Yan-ri, Yan-ri, Yan-ri, Yan-ri, Yan-ri, Yan-ri, Yan-ri, Yan-ri, Yan-ri, Yan-ri, Yan-ri, Yan-ri, Yan-ri, Yan-ri, Yan-ri, Yan-ri.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. E's statement of traffic accident-related person;

1. A traffic accident report;

1. Each photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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. The scope of the final sentence to be recommended by the sentencing guidelines from June to October 15 under Article 62(1) of the Criminal Act: The scope of the sentence to be imposed on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution: The scope of the final sentence to be imposed on the grounds of sentencing: The type of crime from June to October from consideration of the lower limit of the punishment [the type of crime] the type of escape [no aggravated factors: the type of crime is to be mitigated after the injury of the criteria for the escape after traffic accidents in the traffic crime group: in a case where there is a minor injury: the victim is also negligent in the occurrence of a traffic accident, the victim shall not be punished [the scope of the recommendation] where there is a significant fault in the occurrence of a traffic accident [3rd to October], the area of special mitigation (the range of punishment to be imposed]: Whether there is no aggravated factor of the person to be punished under the sentencing guidelines