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(영문) 의정부지방법원 고양지원 2016.08.25 2016고단790

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who is engaged in driving of B-learning automobiles.

On February 26, 2016, the Defendant: (a) driven the 8-day light village of light village in front of the 15-day and tin 15-day light village in front of the 2016-day wave; and (b) caused the Defendant’s occupational negligence to neglect the Defendant’s duty to stop on the front right side of the road while driving the 8-day light village in front of the 15-day light village; and (c) caused the Defendant’s injury, such as salt and tension, which requires the Defendant’s medical treatment for about three weeks; and (d) caused the Defendant’s damage to the Defendant’s cab in excess of KRW 1,572,514.

Nevertheless, the defendant immediately stopped and does not take necessary measures such as providing relief to the injured party, and the summary of the evidence.

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Written estimate;

1. A traffic accident report;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the occupation of a measure not taken after an accident) 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. Articles 53 and 55 (1) 3 of the Criminal Act (the following sentencing shall be considered in consideration of the favorable circumstances of the accused during the period of punishment) of the mitigated amount;

1. Article 62 (1) of the Criminal Act ( repeatedly considering the aforementioned circumstances);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant was aware of the occurrence of the accident due to his/her negligence, and the defendant did not take any relief measures, and escaped from the site as it is, without escape.

The favorable circumstances: the defendant is against the defendant, and there is no same kind of criminal record.

Defendant.