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(영문) 서울중앙지방법원 2016.03.23 2015고단8337

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On September 26, 2015, at around 00:50, the Defendant operated a cbera cruise car, and turned to the left the left at the private distance of the entrance of the 4th modern market, 00-ro, Seoul Special Metropolitan City.

At this time, the driver, while driving slowly along the center line of the road in advance, has to turn to the left at the two-lanes which are right straight ahead of the intersection, by the negligence of the turn to the left at the two-lanes, and the driver, at the same direction as the victim D (19 years old) who normally turn to the left at the same direction, has the E-T E-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

Defendant 1 suffered from the victim’s impairment of the second part of the body that requires approximately two weeks’ medical treatment due to such occupational negligence, and at the same time, Defendant 1 fleded without immediately stopping and taking necessary measures, such as aiding the damaged person, even though she damages the repair cost of KRW 1,288,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A statement of the occurrence of a traffic accident prepared by the F;

1. A traffic accident report;

1. Image image of an accident;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-3 subparag. 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 (the point of failing to take any measure after a traffic accident)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act (Punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier) of the ordinary concurrent crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing guidelines [the range of recommended punishment] . The sentencing guidelines (the range of recommended punishment ................ the type 1 (the escape after injury) shall be mitigated (the period from June to October) (the person with special mitigation) . The punishment shall not be imposed (including serious efforts to recover damage) after traffic accidents.