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(영문) 대구지방법원 2016.06.23 2016고단824

특정범죄가중처벌등에관한법률위반(도주차량)

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

Around 19:40 on September 16, 2015, the Defendant: (a) driven BT110 Oral Ba, and neglected to take the front side of each report from the front side of Tae-gu North Korea to the cT110 Oral si; (b) neglected to take the front side of each report from the front side of Tae-gu, Daegu; (c) due to negligence in the course of business in which the report was invaded on the sidewalk, and (d) went to the victim C (the 49 years old), who was faced with the sidewalk before the end of the report, got the victim under the front part of the reported part; and (d) went to the victim without taking measures such as aiding the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. On-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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 committed;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend the lecture [the scope of the recommended sentence] : (a) [the person subject to special mitigation] [the person subject to special mitigation] mitigated area (including efforts to recover damage] - the defendant has escaped without taking any measures to avoid traffic accident; (b) the degree of injury inflicted on the victim is significant - The victim does not wish to punish the defendant; (c) the victim does not wish to punish the defendant by agreement with the victim; (d) the defendant reflects the crime of late and has no record of being sentenced to a suspended sentence or heavier punishment; and (e) the defendant's age, sexual behavior, intelligence and environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc. shall be determined by taking into account the various factors indicated in the arguments of this case, such as the following circumstances.