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(영문) 서울북부지방법원 2016.03.29 2015고단4552

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving CTS125EO.

On November 17, 2015, the Defendant driven the above Obaon on the 23:10 on the 23:0 on the 17th day of November 2015, and continued to drive the above Obaon on the 55-lane 58-lane 58-gil, Seoul, Nowon-gu, to drive the road from the green bank to the monthly basin. In order to overtake the vehicle in the front side, the Defendant got the front part of the Ebaon in driving of the victim D (48 years old) who driven the central line by the negligence of driving the opposite vehicle in order to overtake the vehicle in the front direction, and continued to get the victim F (26 years old) driving the vehicle off the road to the front part of the Defendant's Obaon.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim D, such as dynas, tensions, etc. in light of the crynasty that requires approximately two weeks of treatment, and inflicted injury on the victim F to hynasty that requires approximately two weeks of treatment, and inflicted injury on the hynasty hynas, which requires approximately two weeks of treatment on the victim H (26 hynas), and upon the same passenger I (25 hynas) of the same passenger, the Defendant inflicted on the victim I(25 hynasty hynas, and at the same time, the Defendant hynas hynas hynas hynas hynas hynas hynas hynas hynas hynas hynas hynas hynas hynas hynas hys hynas hy.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of F, H, J, and I;

1. A survey report on actual conditions;

1. Application of each written diagnosis and written estimate under the 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 of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The scope of recommendations and the criteria for suspension of execution according to the sentencing guidelines for traffic crimes with reason of sentencing under Article 62(1) of the Criminal Act; and