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(영문) 의정부지방법원 고양지원 2017.10.27 2017고단2786

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 19, 2017, the Defendant: (a) changed the vehicle line to a two-lane by using a road in front of the Yongsan-gu Seoul Metropolitan City Gyeonggi-gu Sports Park by using BK5 car volume to the aptitude side of the Dongsan-Eup, which was driven by the Defendant on August 19, 2017; and (b) was driven by the victim C (37 years old) driving a vehicle along the two-lane due to the occupational negligence of driving the vehicle while driving the vehicle at the right side of the said vehicle while driving the vehicle by using the B K5 vehicle volume.

As a result, the Defendant, by occupational negligence, sustained injury to the victim E (the 43 years old), who is the passenger of the above damaged vehicle, due to the injury of the pertinent victim, such as salt dynasium and tension, which requires approximately two weeks of medical treatment, and at the same time, did not immediately stop the damaged vehicle so that the amount equivalent to KRW 1,097,360, would amount to KRW 1,097,360, and tried to escape without taking measures such as aiding the damaged vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

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;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences and the choice of punishment. Article 50 (Selection of Imprisonment);

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 stay of execution (the following grounds shall be considered in consideration of the amount of punishment):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the sentencing guidelines shall be recommended range of vehicles that escape from the sentencing guidelines] The basic area of escape ( August to one year and six months) after causing traffic injury, and circumstances unfavorable to the defendant [the sentence]: although the defendant was not a person due to drinking driving, it is more favorable that the defendant was unable to take contact with the accident while drinking alcohol and the contents of the crime of escape are good: The accident of this case is not relatively heavy.