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(영문) 서울중앙지방법원 2014.02.14 2013고단5779

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

On July 2, 2013, at around 04:00, the Defendant driven D E E-cubs car and proceeded along the three-lanes of the above three-lanes of the above three-lanes on the side of the next hospital distance away from the distance of the school route of the foreign exchange bank located in Gangnam-gu Seoul, Gangnam-gu, Seoul, for the purpose of avoiding conflicts with the automobiles driven by the Defendant, the Defendant neglected the duty of care and neglected to change the two-lanes through the two-lanes to prevent the accidents, and caused the victim F (33 years) who was driving the E-cubs to go beyond the floor of the above road to avoid the collision with the automobiles driven by the Defendant.

As a result, the Defendant, by occupational negligence, committed an injury to the victim, such as salt, tension, etc., in need of treatment for about two weeks, and escaped without immediately stopping and taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police officer on F;

1. Entry of the actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

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

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. deemed to be the following reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act ( repeatedly considered grounds for discretionary mitigation, etc.);

1. The scope of the recommended sentence according to the sentencing guidelines / [type] traffic crimes, escape after traffic accidents, and escape (type 1) after bodily injury (special person): Where minor injury occurs (the scope of the recommended sentence], imprisonment shall be imposed;