특정범죄가중처벌등에관한법률위반(도주차량)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
A. The victims’ property was destroyed to have approximately KRW 589,378 of the repair cost, and the victims’ property was immediately stopped and failed to take necessary measures, such as providing relief to casualties, even though the amount equivalent to KRW 4,541,00 was reduced to KRW 58,00,000.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Statement of each police statement to E, C, J, and K;
1. A traffic accident report (1), (2) a actual condition survey report, a traffic accident occurrence report, and on-site map;
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 Punishment, etc. of Specific Crimes Aggravated Punishment, etc. under the corresponding provisions of the Act on the Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the crimes;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act [each punishment for a violation of the Act on the Punishment, etc. of Specific Crimes, between the crimes of violation of the Road Traffic Act (non-measures after an accident), the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims G with heavy criminal situation, and the violation of the Road Traffic Act (non-measures after an accident) against I];
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):
1. Reasons for sentencing under Article 62(1)(1) of the Criminal Act of the suspended sentence * Since the sentencing guidelines are concurrent crimes with crimes for which the sentencing guidelines are not set, the following criteria are considered only for the lower limit (the scope of recommending punishment). The mitigated area (6-10 months) (including special mitigation) and the mitigated area (6-6-10 months) (including advanced efforts for the recovery of damage) * while the victims of the decision on the suspended sentence have reached an agreement with the victims and made a repayment of damage. However, each of the following factors is taken into account: (a) the Defendant has lived with the victims without any particular criminal history; and (b) the Defendant has lived faithfully without any particular criminal history.